VIRENDRA KUMAR MATHUR, J. - (1.) These Civil Misc. Appeals under section 173 of the Motor Vehicles Act, 1988 have been filed against judgment and award dated 12.09.2002 passed by Motor Accident Claims Tribunal, Churu in Claim Case No.28/2001 (Aleem Khan and others v. General Manager, National Insurance Co. Ltd. and others). Appeal No.114/2003
(2.) In Appeal No.114/2003, the appellant insurance company has contended that the learned Tribunal while passing the award has ordered liability to pay compensation jointly and severally by the non-applicants including appellant Insurance Company. It was also contended that issue No.4 regarding holding of driving license has been decided by the learned Tribunal after appreciating entire evidence as well as legal position in very casual and perfunctory manner. This issue as such speaks about effect of submissions made by the appellants by way of written statement in the claim proceedings. Those submissions were exhaustive enough to submit that the Driver Mehboob Khan was not holding a valid driving license on the date of the accident and as such, no liability could have been fastened on the appellant-insurer.
(3.) It was also specifically submitted by way of pleadings, evidence and final arguments submitted for and on behalf of appellant-insurer before the Tribunal that as on the date of accident the Driver Mehboob Khan's driving license was valid. NAW-2 Bhanwar Lal, serving at the office of DTO Churu, submitted in evidence that the driving license No.15068 was issued for Light Transport Vehicles on 19.10.1993 in the name of Mehboob Khan s/o Nizammudin Khan. It was valid from 19.10.1993 to 18.10.1996, thereafter from 28.10.1996 to 18.10.1999 and thereafter from 09.04.2001 to 08.04.2004. If entire oral evidence as well as documentary evidence placed before the Tribunal are looked into minutely and carefully, it is perfectly revealed that invalidity of the license was duly proved during the claim proceedings and therefore, considering the same before reaching erroneous conclusion on the part of the Tribunal has made passing of the entire impugned award absolutely vitiated and therefore, the same deserves to be set aside.;