IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.71 of 2007 THE NATIONAL INSURANCE COMPANY LIMITED, THROUGH THE BRANCH MANAGER, BRANCH OFFICE, MOHALLA-MOTHURIYA GAURI NIWAS, BIHAR SHARIF, NALANDA, APPEAL THROUGH THE ADMINISTATIVE OFFICER, THE NATIONAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, 4TH FLOOR, SONE BHAWAN, BIRCHAND PATEL MARG, PATNA-1. ………………………………………OPPOSITE PARTY NO.3/APPELLANT. Versus 1. SURAJMAL PRASAD @ RAM KRISHNA VIDYARTHI , SON OF LATE SHYAMU MAHTO. 2. KANTI DEVI @ SRASWATI DEVI, WIFE OF SURAJMAL PRASAD. BOTH RESIDENT OF VILLAGE AND P.O. RANA BIGHA, P.S. DEEPNAGAR, DISTRICT-NALANDA. ……………………………………….....CLAIMANTS/RESPONDENTS. 3. SRI DEVENDRA MAHTO, SON OF LATE GIRISH MAHTO, RESIDENT OF VILLAGE PARBODHI NARENDRA, P.O. SARAI, DISTRICT-VAISHALI. (OWNER OF VEHICLE)OPPOSITE PARTY NO.1/RESPONDENT. 4. SRI RAM KUMAR @ SRI RAM KUMAR CHOUDHARY, SON OF SHIV SHANKAR CHOUDHARY, RESIDENT OF VILLAGE DARIYAPUR KAPHEN, P.S. KURHANI, DISTRICT- MUZAFFARPUR. (DRIVER OF THE VEHICLE) ……………………………..OPPOSITE PARTY NO.2/RESPONDENT. ----------- For the Appellant : Mr. Durgesh Kumar Singh, Advocate. For Respondent Nos.1 and 2 : Mr. Ravi Bhushan Prasad, Advocate. For Respondent Nos.3 and 4 : Mr. Gauri Shankar Thakur, Advocate. ----------- 9. 24.3.2009. The appellant, the National Insurance Company Limited through its Branch Manager of its Nalanda Branch at Biharsharif, has preferred this appeal under Section 173 of the Motor Vehicles Act impugning the judgment and award dated 28.11.2006 and 11.12.2006 respectively passed by the learned Motor Accident Claims Tribunal, Nalanda at Biharsharif in connection with Claim Case No.187 of - 2 - 2005. By the aforesaid judgment and award a sum of Rs.2,20,500/- has been awarded as compensation with interest per annum fixed at the rate of 6% payable from the date of filing of claim application till the payment was effected. The primary ground agitated by the Insurance Company in this appeal is in respect of the validity of the driving license of the culprit driver, impleaded herein as Respondent No.4. It was sought to be submitted that during investigation by the Investigator deputed by the appellant-company it was detected that the driving license of the said driver was a fake one and this was sought to be confirmed by the report of the District Transport Officer, Muzaffarpur, a copy whereof has been appended to this Memo of Appeal as Annexure-1, where too it was indicated that the relevant driving license of the culprit driver bears the number 466 of 1997. After the Respondents had appeared in this appeal, by order dated 21.10.2008, a Bench of this Court feeling difficulty in accepting the submissions advanced by the appellants, called for the lower court records and directed for putting up the same on receipt thereof. The so called driving license purported to have been issued to Respondent No.4, the culprit driver of the killer vehicle, has been marked as Ext.A in the aforesaid Claim Case No.187 of 2005 and from perusal thereof, it would appear that the number of the said driving license was , in fact, 465 of 1997 and in that view of the matter the award given by the Tribunal appears to be fully justified and the primary ground raised by the appellants of the driving license - 3 - being a fake one has no legs to stand. Some other issues were also sought to be raised by the learned counsel for the appellants none of which appear to be relevant in the facts and the circumstances of the case. There is another aspect of the matter. Permission under Section 170 of the Motor Vehicles Act as is requirement in such case does not appear to have been obtained before filing this appeal. Having given my anxious considerations to the matter in issue and the issues raised herein, I find no merit in this appeal which is dismissed under Orders 41 Rule 11 C.P.C. The statutory amount deposited as a condition for filing of the appeal may be paid to both the claimants. P.S. (Abhijit Sinha,J)