R. Sudhakar, J.

Condi. No. 55/2010

In view of the reasons assigned, a good ground is made out for condoning the delay of 91 days in preferring the appeal. Delay is accordingly condoned and appeal is taken on board.

CIMA Nos. 260/2014

1. The appeal is of the year 2010. The appellant-Insurance Company is on appeal challenging the award dated 31.07.2009 passed by the Motor Accident Claims Tribunal, Jammu.

2. It is a case of accident. The Tribunal has awarded Rs. 1,74,000/- as compensation to the claimant-Ranjeet Sharma with 7.5% rate of interest per annum.

3. The finding of the negligence on the part of the driver of the offending vehicle is not disputed. The appellant-Insurance Company disputes its liability on the plea that the driver of the vehicle did not have a valid driving license at the time of accident. The Insurance Company in the proceedings before the Tribunal raised a specific plea in this behalf and submitted Diet Expenses for summoning the officer from Licensing Authority concerned. The Tribunal without giving the appellant-Insurance Company an opportunity closed the evidence and proceeded to pass award in all to the sum of Rs. 1,74,000/- with interest @ 7.5% per an