ORAL ORDER

Being aggrieved by the judgment and award passed the Motor Accident Claims Tribunal, Presiding Officer, at Mirzapur, by Fast Track Court No.2, Ahmedabad (Rural) Ahmedabad dated 29.12.2007 in M.A.C.P. No.1061 of 1997, the appellant is before this Court.

Brief facts of the case are that on 28/4/97 deceased Manubhai was pssing near stadium, police Ambaji Temple by driving scooter bearing No. GJ-1 A-9846 in moderate speed on correct side of the road at that time driver of opponent No. 1 came from Subhash Bridge side by driving car bearing No. GJ-2 T-9399 in full speed, rash and negligent manner without blowing horn and firstly dashed with one bicycle and thenafter dashed with the scooter and thenafter one electric pole and also dashed with one tree as a result deceased sustained serious injuries and died on the spot.

Heard learned Mr. Sunil Parikh for the appellant. He would further submit that the driver of the Matador No.GJ-2T- 9399 is not holding a valid driving licence on the date of accident and further ought to have held that the appellant insurance company is not liable to compensation. He would further submit that learned Tribunal ought to have relied on the certificate