M D, PANBAS Vs. NEELAM

JUDGEMENT

(1.) THE present appeal is preferred against the impugned award dated 29.04.2013, whereby the learned Tribunal has granted compensation for an amount of Rs.9,35,652/ - with interest at the rate of 9% per annum from the date of filing of the DAR Petition till realization of the amount.

(2.) MR .Kamal Sharma, learned counsel appearing on behalf of appellant submits that at the time of the accident, the deceased was driving Mahendra Champion, which is a commercial vehicle, whereas he was not possessing the commercial licence, as has been admitted by PW1, Smt. Neelam, wife of the deceased. In such an eventuality, the learned Tribunal ought to have exonerated the appellant from any liability.

(3.) THOUGH learned counsel submits that this issue was argued before the learned Tribunal, but the fact remains that neither there is any finding recorded in the impugned award, if argued, nor there is any witness examined by the appellant to this effect.