^\ >si^ PA HIGHCOUOTQFJUDICATUMCMH^TTISGARH:BII..ASPUR OIVISK3WBEJM5M CORAM: HON'BLE SHRl S.R. NAYAK, CJ & HON'BLE SHRI D.R. DESHMUKH, J. APPUCANT Non-apDlteant N0.1 Mjsc,Al>B€yilM0.991QF;ZMS Abdul RasWd Siddiqui, S/o. Gutam Rasul Miyan. /^(®daboi* 61 yeare, Occupafion ~ Business, Rfo. Jarahagarh Ward, P.S. & Tahsil - Ambikapur, Dist: Sargqja- (CG) RESPONreNTS Applicant No.1 VERSUS Janeswhar Shukla, S/o. Pemianad, ^ed about 53 years, aua ApplicantNo.2 Applteant No^ .2 4. hton-Applicant No.3 5. Ram Uday Shulda, S/o. Janeshwar ShuWa, Aged about 28 yeare. Sanjay Kuraar Shukta, S/o. >tones*iwar Shukta, Aged about 26 yeare, All resktent of village Jamwantpur, P.i- Ramanujganj, Tahsil Pal, Prssent address Ramanujyingj Road, Kall Mandir, Shanlar Ghat, Ambikapur. P.S. & Tahsil Ambikapur, Dist : Sarguja - Ramdeni S/o. Malluram Haryan, Occupatfon Driver, ^ed about 35 yrors, R/o. Vitlage Gartwa. P.A. Meral, Dlst: Garhwa, Jharltfiand. (privBr) The Oriental Insurance Co. Ltd., Branch Ofltee, Sadar Road, ^nbikapur, P.S. & Tahsil Ambikapur, Dist. : Sarguja - (CG) (Insurer) Present: Shri A.N. Pandey, teamed counsei for the appellant QRALCTtDER tPassed on 21at Februay, 2006) w ~ s -T f,- The fotlowing oral order of the Court was passed by S.R.NAYAK.CJ: The appellant is the cwner of the motor vehtele invoh/«l in Uie accident. The appellant being aggrieved by the award |»ssedby the MACT fastening the liability to pay compensaflon on the appellarrt has preferreA this appeal contending Uiat the MACT ought to have fastened the liablltty to pay compensation on ttie insurance company. (2) We have perused the awani and also oriynal racords, In Vtve written startement fited by Uie insurance com(any, a specffic ptea is takwi that the driver of the motor vehicte invohred in ffie accKterrt, on the <fate of accklent, did not have vatid and effectwe driving licence to drive ths m<rtor vehicle involved in the accident. That plea is esteMi^ied by tegal ewtence. The MACT has recorded a iactual finding that on the date of aecklent, the drh/er of the motor vehicle involved in the accident dkt not have vatid and effecfive droing licence. In that view of the matter, we cannot take any exception to the impugned award fastening ttie liability on the ownw ef the motor vehide to pay compensation. The appeal is devoid of merit and B is accordingly dismissed. Nocosts. Sdl- Dilip Raosaheb Deshmukh Judge Chief Justice i^-