BANWARI LAL SHARMA,J. - (1.) Appellant-Insurance Company preferred this misc. Appeal assailing the impugned judgment dated 07.04.2007 passed by learned Motor Accident Claims Tribunal, Gangapur City in M.A.C.T. Case No. 37/2006 by which learned tribunal passed an award of Rs. 3,44,500/- in favour of respondent-claimants in claim petition filed by them under Section 163-A of M.V. Act.
(2.) The brief facts of the case are that respondent No. 1 to 6-claimants filed a claim petition under Section 163-A of Motor Vehicle Act, 1988 before learned tribunal pleading therein that on 17.4.2006, deceased Puran was driving the tractor No. RJ-25-RA-0425 and due to storm, the tractor fell in a pit and deceased Puran sustained serious injuries and thereafter he succumbed to the injuries on spot. At the time of aforesaid accident, the tractor No. RJ-25-RA-0425 was insured with the appellant-Insurance company.
(3.) In reply to the claim petition, appellant-Insurance Company pleaded that deceased was a learner and due to this, tractor fall in a pit and deceased was not having valid and effective licence, tractor was being driven by deceased himself and hence Insurance Company is not liable for the compensation.;