BHARTI Vs. GUJUBAI

JUDGEMENT

(1.) Since this appeal involves a short question, matter was finally heard.

(2.) This appeal by the owner of the vehicle involved in the accident under section 173 of Motor Vehicles Act, 1988, assails the validity and propriety of the award dated 22.3.2002 passed by Motor Accidents Claims Tribunal, Umaria in Claim Case No. 54 of 2000 by which, exonerating the insurance company, compensation of Rs. 1,85,000 has been awarded to the respondents-claimants against appellant-insured.

(3.) The grievance of the learned counsel for the appellant is twofold, namely, (1) the Tribunal ought not to have proceeded ex pane against the owner without satisfying itself that summon of the Tribunal had duly been served; and (2) the insurance company could not have been exonerated since it was not a case that vehicle was being driven by person without licence but only a case where it was alleged that the licence was fake with no evidence to suggest that the owner had any knowledge about the defect in the licence.