KALYAN SINGH Vs. SADARANI

JUDGEMENT

(1.) The appellants have filed this appeal against the award dated 6.9.1996, passed by IV Additional Motor Accidents Claims Tribunal, Sagar, in M.V. Case No. 81 of 1991, awarding a claim of Rs. 74,000 and interest thereon at the rate of 12 per cent per annum from the date of filing of claim application, in favour of the respondent-claimant Nos. 1, 2 and 3.

(2.) In this appeal none appeared on behalf of the respondent Nos. 1 to 3. It is not necessary for them to be represented for the purpose of final disposal of this appeal as they are not affected by allowing this appeal, filed by the owner and driver of the vehicle involved, requiring this court to modify the impugned award saying that the respondent No. 4, United India Insurance Co. Ltd. too shall be jointly and severally liable to pay the amount of the impugned award.

(3.) I have heard learned counsel for the appellants as well as learned counsel for the respondent No. 4. The argument raised by the learned counsel for the appellants is that the Claims Tribunal has wrongly exonerated the respondent No. 4 from the liability to pay compensation jointly and severally along with the appellants on the ground that on the date of accident the licence of appellant No. 2, Gouri Shanker, the driver was not renewed.