- (1.) Heard the learned counsel for appellant as well as respondent-owner of the vehicle. Perused the papers.
(2.) The present appeal is filed against the Award dated 4.1.2006 passed by the Additional District Judge, FTC No. III-cum-M.V. Act, Jamshedpur (for short "the Tribunal") whereby the learned Tribunal passed an award of compensation of Rs. 5,39,000/- along with interest @ 6% per annum from the date of filing of the claim petition i.e. on 17.6.2002 and further held that the insurer namely the United India Insurance Company Ltd. i.e. O.P. No. 1 is liable to indemnify the owner in the insured vehicle for damages including the claim for compensation raised by the third parties. As such the learned Tribunal, directed the owner of the offending vehicle i.e. O.P. No. 2 to pay the amount of compensation together with interest as stated above and also directed the insurer namely the New India Insurance Company Ltd. to indemnify the owner in respect of the amount of compensation so payable by him. It was further directed that the abovementioned O.Ps. should pay, the compensation amount along with interest within one month from the date of the order to the applicant Srimati Anita Singh.
(3.) In the present appeal the appellant-Insurance Company has challenged the impugned Judgment and award on the ground, inter alia, that despite specific defence taken by the appellant that the driver of the vehicle was not holding a valid driving licence, the Tribunal saddled the appellant with the liability for payment of compensation.;