AI Structured Summary
Not yet generated for this judgment
Judgment
Amitava Lala and D.K. Arora, J.
Heard Sri S.K.Srivastava, learned Counsel appearing for the appellant and Sri Naushad Siddiqui, learned Counsel appearing for the respondents.
The insurance company by preferring this appeal on account of death of deceased at about 29 years and married at the time of such incident challenged the judgment and order of the concerned Motor Accidents Claims Tribunal,Kanpur Nagar dated 09.02.2009 for allowing a sum of Rs. 4,41,500/ as compensation alongwith interest only on the ground that no investigation report about the driving licence has been produced before the authority concerned upon being called.
According to the learned Counsel appearing for the appellant, the driver was not having the valid licence at the time of incident. However, from the issue no.3 we find that the court held that the driving licence was valid and police investigated the matter and filed the charge sheet against the driver having found guilty of such offence.
We are of the view that the impugned order has been passed after considering factual aspect of the matter and we do not find any merit to interfere in the order passed by the tribunal. Therefore, the appeal is dismissed even at the stage of admission without imposing any cost.
However, it is open for the appellant to proceed against the owner/driver for recovery of any amount in accordance with law in the self same proceeding, if so advised.
Incidentally, the appellantinsurance company prayed that the statutory deposit of Rs. 25,000/ made before this Court for preferring this appeal be remitted back to the concerned Motor Accidents Claims Tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is allowed.