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Judgment
Sudhir Narain and R.B. Misra, JJ.—This appeal is directed against the award of the Motor Accidents Claims Tribunal dated 27.7.2001 awarding a sum of Rs. 1,37,000 as compensation to claimants-respondents.
The claim petition was filed with the allegations that the son of the claimants-respondents died in accident on 16.2.1996 caused by negligent driving of the driver of the bus No. UP 75-6566 when he was travelling in the bus. The claim petition was contested by the appellant on various grounds. One of the pleas raised was that the driver had no valid licence.
The Tribunal recorded a finding that the accident was caused due to rash and negligent driving of the driver who had a valid licence.
We have heard Mr. A.K. Sinha, the learned Counsel for the appellant who submitted that the driver had a licence but was not renewed till 16.2.1996, the date of the accident. The Tribunal found that in the insurance policy the condition is that either the driver should have licence or he should be competent to have the licence. The Tribunal found that the driver was competent to have a licence and subsequently the licence was renewed. The view taken by the Tribunal is not erroneous in law.
Appeal is, accordingly, dismissed.
The amount of Rs. 25,000 deposited in this court by the appellant shall be remitted to the Tribunal within one month from today by the Registry and shall be adjusted in the deposits to be made by the appellant.