ORAL JUDGMENT

1.0 This appeal is directed against the judgement and award dated 01.11.2010 passed by learned Motor Accident Claims Tribunal (Auxi-II), Additional District Judge, Mehsana in Motor Accident Claim Petition No. 7 of 2009, wherein the Tribunal has awarded a sum of Rs. 511000/- along with interest at the rate of 7.5% per annum from the date of application till realization.

2.0 On 21.08.2008 at about 10.00 p.m. Shambuji Javanji Thakore was driving motor cycle bearing Old No. GJ-2C-400 and New No. GJ- 2AL-2957 in the cross road of Panchhor-Hardesan. At that time unknown trailer/vehicle collied with the motor cycle. As a result of this, Shambuji succumbed to the injuries on the spot. The heirs of the deceased therefore, filed claim petition under Section 163-A of the Motor Vehicles Act, 1994 to get the compensation of Rs. 700000/- for the death of Shambuji. The Tribunal has passed the aforesaid award, which came to be challenged by preferring the present appeal.

3.0 The main contention raised by the learned Advocate for the appellant that the learned Tribunal failed to consider that the deceased was who was driving the vehicle did not have a valid and effective driving licence