Sunil Dutta Mishra, J.—This Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “Act”) on behalf of the United India Insurance Company Ltd.-Appellant assailing the Judgment dated 06.12.2016 and Award dated 14.12.2016 passed by the learned M.A.C.T.-cum-4th Additional District Judge, Bhojpur at Ara (hereinafter referred to as “Learned Tribunal”) in Motor Vehicle Claim Case No. 23 of 1999 to the extent it has not granted right of recovery from the owner of offending vehicle i.e. respondent no. 1.

2. Heard the learned counsel for the appellant as well as the learned counsel for the respondent no. 3. Despite service of notice, respondent nos. 1 & 2 have not appeared in this appeal after given sufficient opportunities.

3. The relevant facts is that on 12.02.1999 Vikas Kumar Singh (claimant) along with Jitendra Prasad was returning to attend the call of the nature then during crossing of the Road he was hit by Truck No. WB-03-6155 which was driven rashly and negligently causing injury in his leg which was treated in Hospital at Patna and other Hospitals. He filed the claim of Rs.14,00,000/- as compensation amount and amount of expenses in his treatment. He has claimed that at the time of accident he was 21 years old and was doing business of grocery with his brother-in-law from which he was earning Rs.4,000/- per month. No one appeared on behalf of owner and driver of the offending vehicle. The appellant Insurance Company filed written statement claiming that the claim is not maintainable, the amount claimed is exaggerated and the victim was 21 years old having no permanent income. The driver of offending vehicle had got no valid driving license at the alleged date of accident and there is breach of condition of the Insurance Policy and thus, the Insurance Company has no liability to pay.

4. The necessary issues were framed by the learned Tribunal. In support of the claim petition, claimant has examined eight witnesses. The claimant has filed documentary evidence in support of their claim petition. i.e., Disability Certificate issued by Civil Surgeon (Ext.1), Certificate issued by Dr. R.N. Singh (Ext.2), Partnership deed (Ext.3), Signature of the informant on Fardbeyan (Ext.4), photo copy of Insurance policy of the offending truck (Ext.5), photo copy of Driving License (Ext.6) of the driver of offending vehicle, photo copy of Admit Card of matriculation of claimant (Ext.7), photo copy of Charge-sheet (Ext.8) in the P.S. Case no: 32 of 1999, photo copy of Release Order of the offending Truck (Ext.10), photo copy of receiving receipt of the offending truck from the Police Station (Ext.11), photo copy of Certificate of Registration of the offending truck(Ext.12) and photo copy of valid permit of the offending truck (Ext. 13).

5. After hearing the parties and the materials on record, the learned Tribunal held that the claimant was injured due to rash and negligent driving by the driver of the offending vehicle which was insured with the appellant/Insurance Company at the relevant period of time and the said Insurance Company is liable to pay the amount of compensation to claimant. The learned Tribunal has held that the claimant is entitled for compensation to the tune of Rs.3,00,525/- along with simple interest at the rate of 6% per annum from 28.7.1999.

6. The learned Tribunal has given categorical finding that Nand Lal Rai was owner of the offending vehicle/Truck and from perusal of the driving license of driver of the said offending Truck the said driving license was for Light Motor Vehicle (L.M.V.) for the period 27.03.1996 to 26.03.1999 i.e., at the time of incident on 12.02.1999 his driving license was valid and the offending vehicle was duly insured with Insurance Company on the day of incident.

7. The learned Tribunal has also given finding to the effect that claimant was 21 years old unmarried boy and taken notional income as Rs.2,000/- per month, multiplier 17, deducted 50