Judgment:
Sudhir Narain and R.B. Misra, JJ.
1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, awarding Rs. 1,22,000 as compensation to the claimants-respondents.
2. The claim petition was filed by the claimants-respondents with the allegations that the son of respondent Nos. 1 and 2 died in an accident on 5.12.1999 by a Tempo.
3. The appellant contested the claim petition on the ground that the Tempo was not insured with it and the driver had no valid licence.
4. The Tribunal recorded a finding that the Tempo was insured with the appellant and the driver had a valid licence.
5. We have heard Mr. K.S. Amist, the learned Counsel for the appellant who has urged that the driver did not have a valid licence. The Tribunal had recorded a finding that the driver had a valid licence. This finding has been assailed on the ground that the driving licence was only to drive light motor vehicle. The appellant has filed a photocopy of the driving licence as Annexure 2 to the affidavit filed in support of the application. The driving licence indicates that it was for driving light motor vehicles. The Tempo is a light motor vehicle. The driver had a valid licence to drive the vehicle. It is further contended that he had no valid licence to drive the Tempo as a taxi. The mere fact that the Tempo was being used as taxi will not mean that the driver did not have a valid licence.
6. We do not find any merit in the appeal. It is accordingly dismissed.
7. Rs. 25,000 deposited by the appellant in this Court, shall be remitted by the Registry of this Court to the Motor Accidents Claims Tribunal concerned within one month for payment/adjustment of the amount payable by the appellant to the claimants-respondents.