GOPAL PRASAD KESHRI Vs. KOSHILYA DEVI

JUDGEMENT

(1.) By the Court: - Heard the parties.

(2.) Perusal of the record reveals that though, the notice has validly been served upon the Respondent nos.1 to 6 but no one turns up on behalf of the respondent nos.1 to 6. Though the respondent no.8 has appeared in this appeal through his advocate but no one turns up on behalf of the respondent no.8 at the time of hearing the appeal, in spite of repeated calls. Therefore, this appeal is being heard ex-parte in respect of respondent nos.1 to 6 and 8.

(3.) This appeal has been preferred against the award dtd. 23/6/2010 passed by the learned 1st Addl. MACT, Giridih passed in Claim Case No.38 of 2004 whereby and whereunder, learned 1st Addl. MACT, Giridih has passed the award directing the opposite party no.3 before the MACT being National Insurance Company Limited which is respondent no.7 herein this appeal to pay the sum of Rs.3,10,600.00 by way of compensation to the dependents of the deceased victim in the motor vehicle accident but held that since, there was no valid and effective driving licence of the Bijay Kant Thakur, the driver of the vehicle which was involved in the said motor vehicle accident and the appellant herein, who is opposite party no.1 of the Claim Case No.38 of 2004 before MACT, Giridih being the owner of the vehicle involved in the said motor vehicle accident, did not file driving license of the driver renewed at the time of accident, hence the Insurance Company shall be entitled to recover the aforesaid amount from the owner of the vehicle by initiating proceeding before the executing court without filing a separate suit in this regard.