ORDER :

This appeal has been filed by the appellant/ Insurance Company under Sec-tion 173(1) of the Motor Vehicles Act being aggrieved by the award dated 9.7.2022 passed by the Third Additional Motor Accidents Claims Tribunal, Jabalpur in M.A.C.C. No.2466/2018 whereby the Tribunal has awarded a total sum of Rs.9,11,188/- with interest @ 6% from the date of filing of the petition till its realization in favour of claimant by way of compensation on account of death of one Sheelchand @ Sillu Patel.

2. The brief facts of the case are that claimants (respondents No. 1 to 4) are legal heirs of the deceased, who had filed an application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the death of Sheelchand @ Sillu Patel due to accident that occurred on 24.04.2018.

3. It is alleged in the claim case that deceased along with two other per-sons were loading wheat in respondent no.6’s pickup (good carriage) vehicle bearing registration number M.P. 20 GA 2856. At around 17.30 P.M, after unloading wheat when they came back towards his residence village Tikriya. The pickup vehicle was jumped up due to rash and negligent driving of respondent no.5 and deceased Sheelchand @ Sillu Patel fell down and sustained grievous injuries. He was immediately taken to Government hospital, Tikriya for treatment from where he was referred to Government Medical Hospital Jabalpur and during the course of treatment he died. The claimants alleged rash and negligent driving of the aforesaid pickup by the respondent no.5, which was owned by the respondent no.6 and insured with the appellant / Insurance Company at the time of accident.

4. Claimants submitted that they are entitled for compensation as claimed in respective claim case from the owner, driver and insurance company.

5. The owner/ driver of the vehicle in question remained ex-parte and did not file written statement. The appellant/ Insurance Company denied its liability to pay compensation on the ground that the vehicle in question was being used contrary to the terms and conditions of the Insurance Com-pany. He submitted that the driver of the said vehicle did not possess valid and effective driving license at the time of accident. The said vehicle is transport vehicle and the driver did not have transport driving license. The fitness certificate is valid from 01.08.2016 to 31.07.2017 and accident occurred on 24.04.2018. The deceased person was an unauthorized passenger of the vehicle. Therefore, insurance company is not liable to pay compensation to claimants.

6. The Tribunal framed issues and taking evidence of both the parties held that alleged accident occurred due to rash and negligent driving of the Respondent No.5, in which Sheelchand @ Sillu Patel died and awarded compensation to the tune of Rs. 9,11,188/- by assessing monthly income of the deceased as Rs.9,156.25/-.

7. Being aggrieved by the aforesaid award, the Insurance Company has filed appeal on the ground that Section 56 of the 1988 act provides that the transport vehicle shall mandatorily carry the Certificate of Fitness in such form containing such particulars and information as may be pre-scribed by the Central Government and issued by the concerned authority and in absence of such Certificate of Fitness, a transport vehicle shall not be deemed to be registered for the purpose of Section 39 thereof. For that, it is undisputed position that since the vehicle in question is a transport vehicle and it did not carry Certificate of Fitness at the time of accident, the same cannot be said to be validly registered under Section 39 of 1988 Act, and that being so, such vehicle cannot be driven in a public place.

8. He further submitted that deceased was an unauthorized passenger. Hence the Insurance Company is not liable to pay compensation to carry an unauthorized passenger. Moreover, the Tribunal awarded compensation on higher side. He, therefore, prays for setting aside the impugned award or in the alternative,