- (1.) THIS appeal has been filed by the appellant -Insurance Company against the judgment and award passed by the Motor Vehicle Accident Claims Tribunal, Ranchi in Compensation Case No. 209 of 2005.
(2.) THIS claim application was filed by the widow aged about 25 years, one daughter, aged about 8 years, two sons, aged about 5 years and 3 years and old mother aged about 55 years for the grant of compensation for the death of a young bread -earner of the family, who died in a motor vehicle accident. The deceased, Rajesh Nayak, was dashed by a bus bearing registration No. JH -01A 8383 which was being driven rashly and negligently by its driver. The deceased succumbed to the injuries. He was aged about 32 years and due to his death, the claimants put to starvation. The claimants' case is that the deceased was a bus agent and was earning Rs. 4,000/ - per month. The Motor Accident Claims Tribunal, Ranchi in Compensation Case No. 209 of 2005 assessed the compensation of Rs. 2,81,500/ - and directed the Insurance Company to pay the said amount to the claimants. Aggrieved by the said award, the appellant -Insurance Company has filed this appeal.
(3.) MR . Alok Lal, learned counsel appearing for the appellant assailed the impugned award not on the quantum of compensation assessed by the Tribunal but on the sole ground that the Tribunal has not recorded any findings that the driver was not holding a valid driving licence. Learned counsel further submitted that even the driving licence was not produced and the same was not proved by the owner of the bus nor any advance was laid to that effect.;