MUKESH KUMAR, SON OF LATE SHAILENDRA KUMAR, RESIDENT OF MOHALLA Vs. MD. NASIM KHAN, SON OF NASIR KHAN, RESIDENT OF VILLAGE

JUDGEMENT

(1.) This file is brought under the heading For Hearing under Order 41 Rule 11 Code of Civil Procedure . Heard the parties.

(2.) This is an appeal preferred against the Judgment/Order dated 13th April, 2012 and Award dated 18th June, 2012 passed in M.V. Claim Case No. 06 of 2004/38 of 2011 by Additional District Judge, F.T.C.-III-Cum-Claim Tribunal, Nawada, which arising out of death of Srimati Anita Devi @ Kumar Anita, who undisputedly died on 23rd Aug., 2003 in a road accident, wherein, the vehicle in question owned by respondent no. 1, namely, Md. Nasim Khan.

(3.) The Claim Tribunal Below awarded a sum of Rs. 4,12,000.00 in favour of her (deceased) children surviving claimants since her husband also died during the pendency of the claim application and on the ground of validity of driving licence shifted the liability upon the owner, i.e., respondent no. 1, who did not prefer any appeal, but here filed a counter affidavit alongwith copy of driving licence indicating the same was valid on the fateful day of accident.