First Appeal No.1248 of 2012 Mr.
Sunil Parikh, learned counsel for the appellant submits that the appreciation of law laid down by the Apex Court with regard to validity of driving licence by the driver is to be considered and a decision has to be taken on the basis of the fact that the driver of the vehicle whether was possessing licence for transportation or non-transportation vehicle and, in spite of decision in the case of New India Insurance Company Limited vs. Roshanben Rahemansha Fakir, reported in 2008 ACJ 2161, the Tribunal, having accepted in paragraph 15 about the contention of the Insurance Company, failed to give correct reasoning in paragraph 17 of the judgment and award impugned.
Considering the above, the appeal deserves consideration.
Admit.
returnable on 6th August 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