(Sanjay Karol, J.)(Oral) - The present appeal arises out of award dated 2.8.2004 passed by Motor Accident Claims Tribunal-I, Sirnaur District at Nahan, in MAC Petition No. 90-MAC/2 of 2003, titled as Smt. Jai Manti Devi and others vs. Surender Singh and another.

2.On 20.7.2003, vehicle No. HP-16-1657 met with an accident near Kheri Maryog-Baru Sahib road, Tehsil Nahan, District Sirmaur, H.P. in which Shri Des Raj, owner of the goods and Shri Kamal Raj, driver of the vehicle died. The legal heirs of deceased Shri Des Raj instituted Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) seeking compensation of a sum of Rs. 20 lacs.

3.The owner Shri Surender Singh opposed the petition by filing its written statement, inter alia, pleading that the vehicle in question was inured with the United India Insurance Company Limited (hereinafter referred to as the “Insurance Company”) and the driver, who unfortunately also died in the said accident, was having a valid driving licence.

4.The Insurance Company also opposed the petition, inter alia, alleging that the driver of the vehicle did not possess a valid and effective driving l