- (1.) SINCE these two appeals, one filed by the claimant and another filed by the owner of the vehicle, arise out of the common judgment and award they have been heard together and are disposed of at the admission stage.
(2.) BY the impugned judgment and award passed by the Motor Accident Claims Tribunal, West Singhbhum at Chaibasa in Compensation Case No. 25 of 2005, the owner of the vehicle was directed to pay the compensation amount on the ground that the driver driving the vehicle was not holding a driving licence to drive heavy motor vehicles. In M.A. No. 382 of 2006 the claimants -appellants assailed the impugned judgment and award on the ground that the Tribunal ought to have directed the Insurance Company to pay the compensation amount and recover the same from the owner of the vehicle.
(3.) MR . P.P.N. Roy, learned Counsel appearing for the owner -appellant in M.A. No. 366 of 2006 has drawn our attention to the Owner Book of the truck which was involved in the accident and submitted that the unloaded weight of the vehicle is 4230 K.G. and, therefore, it comes within the definition of Light Motor Vehicle. Learned Counsel relied upon a decision of the Supreme Court reported in 2008 (1) Supreme 378 (National Insurance Co. Ltd. V/s. Annappa Nesaria and Ors.).;