manner dashed the daimant near Shitla temple, as a result of which claimant sustained grievous injuries. The report of the incident was lodged in the police station, Purani Basti and criminal case was registered against appellant No.1. Appellant No.2-Kiran Kumhar is the owner ofthe offending vehicle ScootyThe claimant Smt. Manju Soni has filed a daim petition before the Claims, Tribunal under S%;tion 166 of the Motor Vehicles Act, 1988 (for short the Act') claiming a total compensation of Rs.4,10,000/- for the injuries su^ained by her in She motor accident, whteh took place on 31.05.2008. The learned Tribunai has awarded a total sum of Rs.36,010/- as compensation along with interest @ 6% per annum from the date of flllng of the application tilt the date of actual payment in fevour of the claimant and against the owner and driver ofthe offending vehicle Tractor. Shri Rishi Sahu, learned coynsei for the appellants sutenits that the impugned award passed bythe Tribunal 1s illegal, erroneous and contradictory to the law. He Turther submtts that the tearned CIaims Tribunal has erred in holding that appellant No.1/nonapplicant Dev Kumar was not having valid and effeetive drivlng license at the time of accident whereas statement of NAW/1Rajesh Kumar Bhargav, License Clerk, cteariy reveats that he was having valid license and this fact is well corroborated by the appellant as discussed in para 14 of the award impugned. Hence, the impugned award passed by the Tribunal be set aside. Percontra, Shri S.S. Rajput, learned counsel for respondent No.2 supporting the award of the Tribunal contended that the compensation of Rs.36,010/- awarded by the Trlbunal is just and proper compensation in the facts and circumstances'bf the He further submits that he has no objection if the present case. case Is remitted to the concerned Claims Tribunal for reconsideration. ! have heard learned counsel for the parties, perused the reeord and the impugned award of the Tribunal.
