First Appeal No.1249 of 2012 Learned counsel for the appellant submits that the driver of the vehicle in question had no valid licence to drive a commercial vehicle and at Exh.44 a licence was produced before the Tribunal to drive a non-transport vehicle. In support of the above, reliance is placed on the decision of the Apex Court in the case of New Indian Assurance Co. Ltd vs. Roshanben Rahemansha Fakir and another, reported in 2008 ACJ 2161.
Considering the above and other grounds raised in the appeal, this appeal deserves consideration.
Admit.
Civil Application No.5757 of 2012 Issue notice returnable on 18th July 2012.
Ad-interim relief in terms of paragraph 6(i) on the condition that decretal amount of the judgment and award impugned in this appeal be deposited before the Tribunal within four weeks from today.
(ANANT S. DAVE, J.) (swamy) Top