UNITED INDIA INSURANCE CO. LTD Vs. PRAKASH SAHU

JUDGEMENT

(1.) This is an Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') praying for setting aside the award dated 28.09.2013 passed by the Chief Motor Accident Claims Tribunal, Dhamtari (CG) (for short 'the Tribunal') in Claim Case No.30/2013.

(2.) The Tribunal by virtue of the award impugned, awarded an amount of Rs.31,000/- with 6% per annum in favour of the Claimant/Respondent No.3 from the date of the presentation of the claim Petition i.e.12.03.2013 till its realization jointly and severally from the owner, driver and the Insurance Company of the vehicle involved in the accident. The accident occurred on 20.04.2012, when the Claimant was going towards village Bhothali by his bicycle, near Maitri Godown, he was dashed by the tractor-trolly bearing Nos. CG 05 G 0735 and CG 05 G 0736 respectively owned by Respondent No.2 from its back side, which was being driven in a rash and negligent manner by Respondent No.1 as a result of which, the Claimant has received serious injuries and has suffered permanent disability.

(3.) The main ground of challenge in the present Appeal is that since the driver of the offending vehicle did not have an effective and valid licence, therefore, no liability could be fastened upon the insurance Company.