GOPAL LAL Vs. TULSIBAI

JUDGEMENT

(1.) The appellant, owner of the vehicle, has filed this appeal under section 173 of the Motor Vehicles Act (for short 'the Act') against the interim award dated 5.10.1998 passed by the M.A.C.T., Garoth in Claim Case No. 33 of 1998, whereby exonerated the insurance company from liability of compensation under no fault liability of Rs. 50,000 on the ground that the driver of the vehicle was not having a driving licence.

(2.) The respondent No. 1-claimant Tulsibai filed claim petition for recovery of compensation on account of death of her son, namely, Jeetu in accident on 5.1.1997 along with an application under section 140 of the Act for interim compensation under no fault liability. The insurance company has been impleaded as party filed an objection that Vijay Singh who was driving the vehicle was not holding valid driving licence. The Tribunal upholding the objection, on that ground exonerated the insurance company from its liability and directed the appellant owner and the driver to pay compensation of Rs. 50,000 under no fault liability to the claimant, against which owner of the vehicle has preferred this appeal.

(3.) I have heard Mr. Sanjay Sharma, learned counsel for appellant, Mr. Ashish Gupta, learned counsel for respondent No. 1 and Mr. P.K. Gupta, learned counsel for respondent No. 3 and perused the record. None appeared for respondent No. 2.