ORIENTAL INSURANCE CO LTD Vs. GANESH PRASAD

JUDGEMENT

(1.) T.P. Sharma, J. The present appellant insurance company has challenged legality and propriety of the award dated 30.7.1998 passed by the Motor Accidents Claims Tribunal, Surguja (Ambikapur) in Motor Accidents Claim No. 11 of 1994, whereby learned Motor Accidents Claims Tribunal has awarded Rs. 1,34,400 to respondent Nos. 1 and 2 from the appellant along with 12 per cent annual interest from the date of filing of the petition, i.e., 11.7.1994.

(2.) AWARD is challenged on the ground that the driver, respondent No. 6 was not having valid driving licence at the time of the alleged accident and the learned Tribunal has committed illegality by awarding compensation against the appellant.

(3.) IT is not disputed in this case that at the time of accident respondent No. 6 was driving the bus for carrying passengers and the same is public service vehicle which is defined under clause (35) of section 2 of the Act which reads as under: