1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.4108 OF 2008. WITH CA NO.12338/2008 (New India Assurance Company Ltd. Vs. Kusum Ashru Shirke and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : K.U.CHANDIWAL, J. DATE : 8th January, 2010. ... 1) Heard Mr.VN Upadhye for the appellant/insurance company and Mr. VP Latange for the respondents. 2) The appellant/insurance company feels aggrieved by the Award in MACP No. 665/2003 recorded by learned Member, Motor Accident Claims Tribunal, Ahmednagar, dated 16th July, 2008, fixing the liability of the appellant/insurance company to meet the claim with the owner of the truck. 3) The short point raised in the matter is, the driving license, at Exhibit-23, of the driver does not establish that he 2 had a valid license to ply a transport vehicle. Exhibit-23 demonstrates that the driving license MV25/392/371 issued on 11.3.1992, valid up to 30th April, 2010, was a non-transport light motor vehicle driving license. Admittedly, the accident at the material time has taken place due to the truck, of which Respondent no.1 is the owner, involved in the accident. Though it was insured with original respondent no.2, the appellant herein, taking into account the above referred legal position, the observation of the learned Member of MACT, while answering Issue No.2 about the breach of terms and conditions of insurance policy are not violated, is factually incorrect. Apparently, the very document produced by the claimants at Exhibit-23 rebels against the contention of the claimants fixing the liability of the insurance company in terms of insurance contract to meet the claim. 3 4) The appeal is not raising any other issue as to quantum or the interest. 5) The appeal is allowed to the extent of appellant/insurance company. The appellant/insurance company is exonerated to meet the claim in MACP No. 665/2003 referred above. No costs. Rest part of the order of the learned Member of MACT to remain unaltered. 6) The appellant/insurance company, having deposited the amount, is at liberty to recover the same from owner of the vehicle. 7) Civil Application disposed of. (K.U.CHANDIWAL) JUDGE bdv/fa4108.08