VIJAY KUMAR PATEL Vs. MANJULATA RATHIA

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicle Act 1988 has been filed by defendant No.1/owner against the judgment and award dated 31.01.2013 passed by Motor Accident Claims Tribunal, Raigarh in Claim Case No.86/2009, whereby the Claims Tribunal has partly allowed the claim petition and held that on the date of accident driver of the vehicle was having no effective and valid driving licence and while exonerating the Insurance Company from its liability.

(2.) Facts of the case in brief, are that on 01.06.2009 deceased Nathu Rathia was dashed by driver Santosh (respondent No.5 herein) due to rash and negligent driving of the offending vehicle tractor number CG 13- A-3632 and Trolly No.CG-13-A-3635. On account of death of Nathu Rathia the appellants No.1 and 3 have filed claim petition under Section 166 of the Motor Vehicle Act claiming compensation.

(3.) Respondent No.5 - driver and respondent No.1/appellant herein owner of offending vehicle has pleaded that at the time of accident, the offending vehicle was insured with respondent No.4 - Insurance Company herein and the driver of the offending vehicle was having valid and effective driving licence on the date of incident.