IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.109 of 2006 NEW INDIA ASSURANCE COMPANY LTD. Versus NAMO NARAYAN PRASAD & ORS ******** 12 12.02.2009 This appeal arises out of judgment dated 22.12.2005 and order of award dated 30.12.2005/03.01.2005 passed by the 5th Additional Motor Vehicles Accident Claims Tribunal, Muzaffarpur in Claim Case No. 207 of 2003. The only question that has been raised on behalf of the appellant-New India Assurance Company Limited is that the vehicle was being used on hire which was against the terms of the insurance policy. The Court below has found on the basis of evidence that one of the witnesses has stated that the vehicle was a private vehicle belonging to the uncle of one of the co-travellers. This Court, therefore, finds that infact there is no material to indicate that the vehicle inquestion was being used as a taxi. The second issued raised on behalf of the appellant is that the driver did not have a valid driving license. It has been submitted that the driving license of the driver was valid upto 12.10.2002 and - 2 - the accident took place on 17.03.2003. The Court below has already observed that the appellant is free to receive back the amount from the said owner of the vehicle if it is found that the driver was not possessing a valid driving license at the relevant period. Infact, the Court below has not come to a finding that the driver was not possessing a valid driving license. I may point out that the driver of the vehicle also died in the accident. I find that the reasonings given by the Court below are valid reasons for granting the award. Learned Counsel for the appellant submits that the payment has been made and he may be permitted to withdraw the statutory amount deposited in the High Court. This prayer is allowed and the Counsel for the appellant may withdraw the statutory amount. In the result, this appeal is dismissed. Anand ( Sheema Ali Khan, J. )