VINAY SINGH Vs. MAHESH KUMAR

JUDGEMENT

(1.) This appeal is directed against award dtd. 9/7/2009 passed by the Presiding Officer, Motor Accident Claims Tribunal, Jammu (hereinafter to be referred as the Tribunal), whereby the owner, respondent No. 1 herein, has been directed to pay the compensation of Rs.4,96,000.00to the appellant along with interest @ 7.5% from the date of filing of the claim petition till its realization.

(2.) The award has been impugned by the appellant on the ground that the learned Tribunal has ignored the material evidence on record regarding income of the appellant and further that the learned Tribunal has not appreciated that absence of licence in not a defence available to the insurer against the third party.

(3.) Mr. Anil Gupta, learned counsel for the appellant during the course of arguments confined his submissions only to the extent that the award was required to be passed against the respondent-Insurance Company with a liberty to recover the same from the owner-respondent No. 1.