JUDGMENT :

Jyotsna Rewal Dua, J.

Owner of the vehicle is in appeal against an award where-under liability to pay the awarded amount, in the first instance was though fastened upon the Insurance Company, but it was held entitled to recover the same from the owner and driver in accordance with law.

2. Facts:-

2(i) An accident occurred on 30.10.2015, involving Trucks bearing No. HP-11-5104 & HP-11-5448 near Petrol Pump at village Nai Sarli, Tehsil Sadar, District Bilaspur. One Sh. Suraj Kumar alias Lucky, aged 17 years, lost his life in this accident. Claim petition was preferred by his mother seeking compensation of Rs. 40,00,000/-.

2(ii) Learned Motor Accident Claims Tribunal, Bilaspur vide impugned award dated 17.11.2017 held that Sh. Suraj Kumar alias Lucky died due to rash and negligent driving of truck bearing No. HP-11-5448, owned by the present appellant and driven by respondent No.2, Sh. Ashwani Kumar. This finding has not been challenged and has attained finality.

2(iii) Insurance Company in its reply to the claim petition took up a defence that the driver of the offending vehicle did not possess a valid and effective driving licence, therefore, insurer cannot be fastened with the