JUDGMENT :

Instant appeal filed under S.173 of Motor Vehicles Act (hereinafter, ‘Act’) lays challenge to award dated 28.11.2015, passed by Motor Accident Claims Tribunal Shimla, Himachal Pradesh in MAC Case No. 5-S/2 of 2013, whereby learned Tribunal below, while allowing claim petition having been filed by respondent No.1/claimant (hereinafter, ‘claimant’) directed appellant-insurance company to pay sum of Rs.8,77,570/- alongwith interest at the rate of 7.5 % from the date of filing of petition till deposit.

2. Precisely, the facts of the case, as emerge from the record, are that the claim petition under S.166 of the Act came to be instituted before Motor Accident Claims Tribunal, Shimla, Himachal Pradesh by claimant, seeking compensation on account of injuries/disability suffered by him in road accident involving vehicle bearing registration No. HP-01A-4268 against respondent Nos. 2 and 3 and appellant-insurance company being owner, driver and insurer, respectively of the vehicle involved in the accident. As per claimant, alleged accident took place on 5.11.2012 at about 6.15 pm at Hira Nagar, Shimla, while he was standing on the roadside. Vehicle bearing No. HP-01A- 4268 being driven by respondent No.3 in rash and negligent manner, hit the claimant, as a consequence of which he sustained injuries and was taken to hospital. Claimant pleaded that he suffered 30% permanent disability in the accident and on account of his injury, remained under treatment at IGMC from 5.11.2012 to 12.12.2012. Claimant pleaded that on account of accident, his future is in dark and as such, he be granted compensation to the tune of Rs. 30.00 Lakh alongwith interest at the rate of 12% per annum, from the respondents.

3. Respondent Nos. 2 and 3, by way of joint reply, denied the involvement of vehicle bearing registration No. HP-01A-4268 in the accident, Respondents pleaded that the claimant was already lying on road in injured condition and respondent No. 3 helped him to reach the hospital, however, while admitting the factum with regard to lodging of FIR against them they claimed same to be false.

4. Appellant-insurance company claimed that since vehicle in question was being plied in contravention of Motor Vehicles Act and driver was not having valid and effective driving licence to drive the vehicle in question, it cannot be held liable to indemnify the insured.

5. On the basis of pleadings adduced on record by the parties, learned Tribunal below framed following issues:

“1. Whether respondent No.2 was driving vehicle bearing registration No. HP-01A-4268 on 05.11.2012 at Hira Nagar, Tehsil and District Shimla, H.P. in a rash and negligent manner, resulting in injury to the petitioner? OPP

2. If issue No.1 proved in affirmative, whether the petitioner is entitled to compensation. If so, to what amount and from whom? OPP

3. Whether vehicle was being driven in violation of the terms and conditions of the insurance policy, as alleged? OPRs

4. Whether the respondent No.2 was not holding valid and effective driving licence. To drive the vehicle as alleged? OPRs

5. Relief.”

6. Subsequently, vide impugned award dated 28.11.2015, learned Tribunal below, held claimant entitled to Rs. 8,77,570/- on account of injuries sustained by him in the road side accident alongwith interest at the rate of 7.5% per annum, from the date of filing of the petition till realisation. Since the liability to pay compensation came to be fastened upon appellant-insurance company, it has approached this court in the instant proceedings.

7. Having heard learned counsel for the parties and perused material available on record vis-a-vis reasoning assigned by learned Tribunal below in the impugned award, this court finds that, primarily challenge to impugned Award has been laid on following grounds:

1. Learned Tribunal below failed to appreciate that at the time of alleged accident, driver of vehicle was not having valid and effective licence.

2. Learned Tribunal below wrongly assessed income of