ORDER

1. This Misc. Appeal under section 173 of Motor Vehicles Act, 1988 has been filed against the Award dated 30.8.2012 passed by 7th Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No 73/2011.

2. The necessary facts for disposal of the present appeal in short are that respondent No.4 is the owner of the offending Motor Cycle, whereas the respondent No. 5 is the driver of the offending Motor Cycle bearing registration No. MP 33 MD/7401. It is alleged that on 5.5.2011 at about 4 p.m., the deceased Banti along with pillion rider Nabal Singh was going on his motor cycle. The respondent No. 5 by driving the offending Motor Cycle in a rash and negligent manner, dashed against the motor cycle of the deceased as a result of which, the deceased expired whereas the pillion rider Nabal Singh sustained injuries.

3. The respondents No. 1 to 3/Legal Heirs of deceased Banti, filed a claim petition under section 166 of Motor Vehicles Act.

4. The respondent No. 5, relied upon the driving license, Ex D5 which was issued by RTO, Gwalior, but it also came on record that RTO Jhansi had also issued a Driving License for LMV and HTV. The driving license issued by RTO Jhansi was prior in