RAKESH KUMAR, J.:–The present appeal under Section 173 of the Motor Vehicle Act,1988 ( hereinafter referred to as the “M.V.Act”) has been preferred against the Judgment dated 21.05.2007 and Award dated 02.06.2007 passed in Claim Case No.52/99 by the learned Addl. District Judge, F.T.C. No.2-cum- Motor Accident Claim Tribunal, Muzaffarpur ( hereinafter referred to as the “Claim Tribunal”). 2. By the impugned judgment, the learned Claim Tribunal has allowed the claim and directed the appellant/insurer of the offending vehicle to pay the compensation amount of Rs.1,37,000/-, which includes the amount of interim compensation, consortium and funeral expenses. During the trial, the petition under Section 140 of the M.V.Act was allowed and interim compensation of Rs.50,000/- was paid to the claimants and, accordingly, the remaining amount of Rs.87,000/- along with interest @ 9% per annum from the date of filing of the claim case till the date of realization was directed to be paid to the claimants. 3. Short fact of the case is that on 25.02.1999 one Kapildeo Paswan, husband of Respondent no.2 and father of Respondent no.3, was dashed by a tractor bearing Registration no.BR-06B/0673 due to rash and negligent driving by the driver of the offending tractor. At the time of accident, the husband of Respondent no.2 was in his Bathan. After the accident, he was carried to hospital, but on way he succumbed to the injuries. Thereafter an F.I.R. vide Kurhani P.S.Case no.34 of 1999 was registered . Respondent nos. 2 and 3 jointly filed claim case under the provisions of the M.V.Act, which was registered as Claim Case No.52/99 along with relevant documents. In support of the claim case, the claimants examined altogether four witnesses. It was claimed that the deceased was earning Rs.2500/- per month and he was a carpenter and doing business of furniture. The deceased at the time of accident was aged about 50 years. 4. Before the court below, the insurer as well as owner of the offending vehicle appeared and filed their respective written statements and opposed the claim case. It was claimed that the deceased was earning Rs.2500/- per month and he was a carpenter and doing business of furniture. The deceased at the time of accident was aged about 50 years. 4. Before the court below, the insurer as well as owner of the offending vehicle appeared and filed their respective written statements and opposed the claim case. Since the claimants failed to bring on record any documentary evidence to prove the income of the deceased, the Claims Tribunal taking into account the notional income i.e. Rs.15,000/- has proceeded to compute the compensation and, thereafter, the court below has arrived to the conclusion that on the basis of notional income deducting 1/3rd income, the total compensation amount has been calculated as Rs.1, 30,000/- and, as such, the court below has directed to pay the compensation amount as indicated hereinabove. 5. Sri Durgesh Kumar Singh, learned counsel for the appellant, while questioning the impugned Judgment, has emphatically argued that the driver of the offending vehicle was not having any valid licence, rather a fictitious and fake copy of the driving licence was brought on record and, as such, the insurer of the vehicle was not required to pay compensation amount. Learned counsel for the appellant in support of his submission has argued that before the Claim Tribunal the Insurance Company had brought a certificate duly granted by the District Transport Officer, which was marked as Ext.A. It was submitted that as per Ext.A, it is evident that the driver of the offending vehicle was not having any valid licence. 6. Besides hearing learned counsel for the appellant, I have perused the materials available on record. Before the Claim Tribunal, the insurer/appellant had filed written statement, but in the written statement, it was not specifically pleaded that the driver of the offending vehicle was not having driving licence. Moreover, had it been a case of non-availability of valid driving licence issued in favour of the driver of the offending vehicle, the insurer would have made specific pleading in his written statement and in absence of such pleading, it would be difficult for this Court to record a definite finding that the driver of the offending vehicle was not having valid driving licence. The learned Claim Tribunal , of course, after hearing the parties had observed that the insurer can file appropriate case for realization of the compensation amount from the owner of the offending vehicle. Moreover, the amount of compensation, which is to be paid to the claimants after deduction of interim compensation amount of Rs.50,000/- comes to only Rs.87,Navin Kumar Vs. State of BiharNavin Kumar Vs. State of Bihar000/-. In view of absence of specific pleading on the point of valid driving licence of the offending vehicle, there is no reason for this Court to interfere with the impugned Judgment and Award and, as such, the appeal stands dismissed. 7. However, in view of the observation of the Claim Tribunal, if so advised, the appellant will be at liberty to take appropriate steps for filing proper case for realization of the compensation amount from the owner of the offending vehicle. The insurer /appellant is directed to pay the compensation amount in terms of the Judgment and Award of the Claim Tribunal within a period of two months from the date of receipt/production of a copy of this order. 8. In view of rejection of the appeal, the office is required to remit back the statutory amount deposited at the time of the filing of the appeal to the court below for its payment to the claimants.