DASHRATHSINGH SENDHAV Vs. AVTAR SINGH SENDHAV

JUDGEMENT

(1.) Heard finally with consent.

(2.) This appeal u/S.173 of the Motor Vehicles Act is at the instance of the owner and driver of the vehicle challenging the award dated 9th September, 2008 passed by the I Addl. MACT, Dewas in Claim Case No.9/2007.

(3.) In brief, the respondent No.1 had filed the claim petition before the claims tribunal stating that on 2nd May, 2005 at 6.00 PM the accident was caused by Tractor No. MP13-KA/7780 driven by the appellant No.1 Dashrath and owned by appellant No.2 Phoolsingh in which respondent No.1 and his wife had received injuries. Accordingly, the compensation was claimed. The claim was opposed by the appellants as well as the respondent No.3 and thereafter the claims tribunal had passed an award of Rs. 83,560/- along with the interest in favour of the respondent No.1. Since it was found that the appellant No.1 was not holding the valid license at the time of the accident, therefore, the Insurance Company was exonerated and a direction was issued to the Insurance Company to pay the compensation amount and recover the same from the appellants.