JUDGMENT :

(Jaspreet Singh, J.)

1. Heard Shri Vaibhav Raj, learned counsel for the appellant and Shri Vishal Talhani, learned counsel for the claimants-respondents. None has put in appearance on behalf of the respondent No.2, accordingly, the appeal has been heard in his absence.

2. The instant appeal has been preferred by the appellant Insurance Company under Section 173 of the Motor Vehicles Act, 1988 assailing the award dated 08.04.2023 passed in MACP No.310/2006, whereby the MACT/Special Judge (E.C. Act), Lucknow has awarded a sum of Rs.1,66,672/-along with interest @ 6% per annum from the date of the claim application till the date of payment and the award has been directed to be honoured by the Insurance Company.

3. Learned counsel for the appellant while assailing the impugned award dated 08.04.2013 has raised a three fold submission.

(i) The primary attack is on the ground that the driver of the offending vehicle did not possess a valid and subsisting driving licence on the date of the accident, consequently, the liability could not have been fastened on the Insurance Company. The other limb of the argument is that even the vehicle in question did not possess a valid fitness