IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.767 of 2010 NATIONAL INSURANCE CO. LTD. PANDUI BHAWAN BORING ROAD, PATNA REPRESENTED THROUGH ITS CHIEF REGIONAL MANAGER AND THE CONSTITUTED ATTORNEY, R.O. NATIONAL INSURANCE CO. LTD. 4TH, FLOOR, SONE BHAWAN, B.C. PATEL MARG, P.S. SACHIVALAYA, DIST. PATNA. ... ... APPELLANT. Versus 1. MOSTT. MAHESHWARI DEVI WIFE OF LATE SARYUG SINGH 2. JAI PRAKASH SINGH SON OF LATE SARYUG SINGH BOTH RESIDENT OF VILLAGE MEGHPUR, P.O. KHUDWAN, P.S. KHUDWAN, DIST. AURANGABAD, BIHAR. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD., PALI ROAD, DEHRI-ON-SONE,ROHTAS, BIHAR. 4. SRI VINOD TIWARY SON OF DEVA NAND TIWARY, RESIDENT OF OLD POLICE LINE, ARRAH, P.S. ARRAH, TOWN DIST. BHOJPUR, BIHAR (OWNER OF VEHICLE BUS NO.BR-3P/0854). 5. SRI SURYABANSH ROY, SON OF SHIVAM ROY, RESIDENT OF VILLAGE MAJHAUAN, P.S. ARRAH TOWN, DIST. BHOJPUR, BIHAR (DRIVER OF THE BUS NO.BR-3P/0854). 6. SRI DHANANHAY KUMAR SON OF RADHA KANT MEHTA, RESIDENT OF VILL. AND POST BELKHARDE, P.S. KARPI, DIST. JEHANABAD, BIHAR (OWNER OF THE COMMANDER JEEP NO.BR-2B/1194). ... ... RESPONDENTS. ----------- 3. 28.3.2011. Heard Shriu Raj Kumar Singh Vikram, learned counsel appearing on behalf of the appellant/National Insurance Company Limited. The present appeal has been preferred against the order dated 9.6.2010 passed by learned Fast Track Court-II, Aurangabad in Motor Vehicle Claim Case No.37 of 2007/32 of 2010, whereby under Section 140 of the Motor Vehicle Act, a compensation of Rs.50,000/- was directed to be paid in favour of the claimant and out 2 of Rs.50,000/- amount, it was directed that Oriental Insurance Co. as well as appellant/National Insurance Co. will pay Rs.25,000/- each with simple interest @ 6% per annum. After going through the impugned order, it appears that the vehicle in the occurrence was insured and in the said accident, husband of the claimant died. From the impugned order, it further appears that necessary documents were produced including the driving license. Learned counsel for the appellant submits that the driver of the vehicle i.e. Commander Jeep was not having a valid license for driving motor vehicle as per Annexure-1 to the petition and as such the learned court below was not entitled to allow the claim petition. Learned counsel for the appellant has further submitted that even in a claim petition under Section 140 of the Motor Vehicle Act, the Tribunal was required to allow the parties to lead evidence. Learned counsel for the appellant has argued that in this case, the driver was not having 3 valid license and as such the appellant was not liable to be directed to make payment of compensation under Section 140 of the Act. Learned counsel for the appellant has relied on 2008(1) CPJ 33 SC (Oriental Insurance Company Vs. Prithivi Raj). After going through the impugned order, it is evident that driving license was also brought on record and after examining the record, the learned court below has passed the order. In view of the facts of this case, appellant may not get any help from the Oriental Insurance Company case (Supra). After going through the impugned order, the court is of the opinion that there is nothing on record warranting interference with the impugned order. The appeal stands rejected. Since the appeal stands rejected, the appellant is entitled to get back the statutory amount, which was deposited under Section 173 of the Motor Vehicle Act. N.H./ ( Rakesh Kumar,J.)