KAKAJI ALIAS SHANKARLAL YADAV Vs. DASHRATH PATIL

JUDGEMENT

(1.) THIS appeal is filed under section 173 of Motor Vehicle Act being aggrieved by the award dated 3.11.2007 passed by the 13th MACT, Indore in Claim Case No. 100/05 awarding the compensation of Rs. 59,598/- by rounding of the same Rs. 59,600/- along with 6% interest.

(2.) FACTS in brief are that on 24.1.2005 the injured has come through Auto Riksha bearing registration No. MP-09 KB 6162 along with mechanic Palvinder and Suresh for doing some work at Sanwer. At about 10:55 a.m. when they were returning back after taking food to garage a TATA 407 Swaraj Mazda bearing registration No. MP20-A-9008 was driven rashly and negligent from Indore side dashed the Auto Rickshaw, whereby the Autho Rickshaw was damaged and Kakji @ Shankar Yadav has become injured, however he was hospitalized in Arvindo Hospital and a criminal case was registered at Crime No. 39/04. The appellant injured has received various injuries on head, hand and feet whereby suffered with a paralysis, however, claim petition was filed seeking compensation to the tune of Rs. 5,00,000/-.

(3.) DURING the course of hearing of appeal, the learned counsel has pointed out that the driver of TATA 407 bearing registration No. MP20- A-9008 has possessed the valide driving licence and the original thereof was produced before the Court on that basis direction was issued to verify the said driving licence through insurance company. The learned counsel appearing on behalf of Insurance Company after verification of the said driving licence conceded before the Court that the driving licence, which was possessed by the driver of TATA 407 i.e. respondent No. 2 Kailash Jain is a valid licence. In furtherance to the said verification, it is to be examined whether exoneration of the Insurance Company to pay compensation on account of not having valid driving licence is justified or not?