JUDGMENT : 1. Heard Mr. R.K. Bhatra, the learned counsel appearing on behalf of the appellant and Mr. S. Deka, the learned counsel appearing on behalf of the respondents. 2. It is seen from the records that the service upon the owner of the vehicle who is the respondent No.4 is duly complete. However, none has appeared on behalf of the respondent No.4. Taking into account the order which this Court proposes to pass, this Court dispenses with the service insofar as the respondent No.5 is concerned. 3. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 21.08.2021 passed in MAC (Death) Case No.37/2015 passed by the learned Member, Motor Accident Claims Tribunal, Morigaon whereby an amount of Rs.34,07,000/- was awarded in favour of the claimants along with interest @ 6% per annum from the date of filing of the claim petition i.e. 18.08.2015 till actual payment by the appellant Insurance Company. 4. The learned counsel appearing on behalf of the appellant submitted that although various grounds of objection have been taken in the instant appeal but the appellant Insurance Company would limit its submission only to the ground of objection that in spite of making a specific pleading that the driver in question did not have a valid driving license, the learned Tribunal did not frame any issue in that respect and had mechanically saddled the entire liability upon the appellant Insurance Company. Taking into account the above ground of objection taken, this Court finds it relevant to take note of the brief facts which led to the filing of the instant appeal. 5. One Mr. Pradip Kumar Bista (Chetry) (since deceased) along with one Shri Samual Engti were travelling on foot towards Hameran side and when they reached Umdap Harlong Juve PWD Road, a vehicle bearing Registration No. AS-25-0358 (Tata Truck) coming from the back side and driven in a rash and negligent manner knocked down Late Pradip Kumar Bista and his friend from back side. As a result of the accident, Late Pradip Kumar Bista and his friend sustained serious injuries. Both the persons were admitted in Hamren Civil Hospital. After preliminary treatment, Late Pradip Kumar Bista was referred to the Guwahati Medical College Hospital and accordingly, he was admitted in the said Guwahati Medical College Hospital. 6. As a result of the accident, Late Pradip Kumar Bista and his friend sustained serious injuries. Both the persons were admitted in Hamren Civil Hospital. After preliminary treatment, Late Pradip Kumar Bista was referred to the Guwahati Medical College Hospital and accordingly, he was admitted in the said Guwahati Medical College Hospital. 6. While undergoing treatment, Late Pradip Kumar Bista succumbed to his injuries on 24.03.2014. It is under such circumstances, the claim proceedings being MAC (Death) Case No.37/2015 was filed by the claimants who are the legal representatives of Late Pradip Kumar Bista. An FIR was filed before the Hamren Police Station and a case was registered being Hamren P.S. Case No.6/2015 under Sections 279/338/304(A) of the Indian Penal Code. 7. The claim proceedings upon being filed and registered, notices were issued upon the owner of the vehicle, the appellant Insurance Company as well as the driver of the vehicle in question. Neither the owner of the vehicle nor the driver of the vehicle participated in the said proceedings. However, the appellant Insurance Company appeared and filed written statement wherein they had denied the various statements made in the said claim proceedings. In the said written statement so filed by appellant Insurance Company, it was specifically pleaded that there was violation of the terms and conditions of the policy as the driver did not have a valid and effective driving license. It was also mentioned in the said written statement that the amount of compensation claimed by the claimants were highly exaggerated and without any basis. 8. On the basis of the said pleadings, as many as three issues were framed which are reproduced herein under: “1. Whether the accident took place on 18.01.2014 at 6.00 A.M. at Umdap Harlong Juve due to rash and negligent driving on the part of driver of the vehicle bearing registration No.AS-25-0358? 2. Whether Lt. Pradip Kr. Bista died in the said accident that took place on 18.01.2014 at 6.00 AM Umdap Harlong Juve, dist. – Karbi Anglong? 3. Whether the claimants are entitled to get compensation, if so, by whom it is payable and to what extent?” 9. On behalf of the claimants, three witnesses were examined and various documents were exhibited. The appellant Insurance Company however did not adduce any evidence. 10. – Karbi Anglong? 3. Whether the claimants are entitled to get compensation, if so, by whom it is payable and to what extent?” 9. On behalf of the claimants, three witnesses were examined and various documents were exhibited. The appellant Insurance Company however did not adduce any evidence. 10. The learned Tribunal vide a judgment and award dated 21.08.2021 awarded an amount of Rs.34,07,000/- along with interest @6% per annum from the date of filing of the claim petition i.e. 18.08.2015 till actual payment. It is relevant to take note of that while deciding the Issue Nos. 1 and 2, the learned Tribunal came to a specific finding that the vehicle in question bearing Registration No.AS-25-0358 was driven in a rash and negligent manner and Late Pradip Kumar Bista expired in the said accident due to the rash and negligent driving of the driver of the offending vehicle. While deciding the Issue No.3, the learned Tribunal came to an opinion that an amount of Rs.34,07,000/- was the adequate and reasonable compensation in terms of Section 168 of the Motor Vehicles Act, 1988 and also further awarded an interest @6% from the date of filing of the claim petition. The learned Tribunal at paragraph No.23 of the said judgment came to a categorical opinion that the vehicle in question was duly insured with the appellant Insurance Company which was valid up to 16.12.2024. In addition to that, the learned Tribunal also opined that the driver of the offending vehicle had a valid Driving License. 11. The learned counsel appearing on behalf of the appellant had submitted that the learned Tribunal did not have any basis to arrive at the conclusion that the driver of the offending vehicle had a valid Driving License. 12. Taking into account the above, it is the opinion of this Court that as there is no materials on record to show as to how the learned Tribunal had arrived at the finding that the driver of the vehicle had a valid Driving License, the said aspect is required to be adjudicated by the learned Tribunal on the basis of evidence inasmuch as the said aspect has a far reaching consequences as regards saddling of the liability upon the appellant Insurance Company. Be it as it may, this Court is of the opinion that taking into account that the vehicle in question was already insured with the appellant Insurance Company which is duly admitted, the appellant Insurance Company is required to satisfy the said award inasmuch the entitlement of the claimants in terms with the award have not been put to question. Apart from that, this Court after taking into account the decision in respect to Issue No.3 is also of the opinion that the learned Tribunal was justified in awarding the said amount of Rs.34,07,000/- along with interest @6% per annum from the date of filing of the claim petition. 13. Accordingly, the instant appeal stands disposed of with the following observations and directions: (i) The judgment and award dated 21.08.2021 passed in MAC (Death) Case No.37/2015 passed by the learned Member, Motor Accident Claims Tribunal, Morigaon whereby an amount of Rs.34,07,000/- was awarded in favour of the claimants along with interest @6% per annum from the date of filing of the claim petition i.e. 18.08.2015 till actual payment by the appellant Insurance Company is not interfered with. This Court take note of the fact that at the time of admission of the instant appeal, there was no direction for payment of any amount. Considering the above, this Court directs the appellant Insurance Company to deposit the awarded amount along with interest so awarded before the learned Tribunal i.e. the Court of the learned Member, Motor Accident Claims Tribunal, Morigaon within 6 (six) weeks from the date of the instant judgment. (ii) This Court however interferes with the observation passed by the learned Tribunal that the driver of the offending vehicle had a valid Driving License as the said observation is without any basis. Taking into consideration that if the driver of the offending vehicle did not have a valid Driving License, the same would amount to violation of the terms of the insurance and consequently, the Insurance Company cannot be saddled with the liability. Taking into consideration that if the driver of the offending vehicle did not have a valid Driving License, the same would amount to violation of the terms of the insurance and consequently, the Insurance Company cannot be saddled with the liability. Under such circumstances, this Court directs the learned Tribunal i.e. the Court of the learned Member, Motor Accident Claims Tribunal, Morigaon to initiate proceedings in MAC (Death) Case No.37/2015 upon an application being filed by the appellant Insurance Company as to whether the appellant Insurance Company would be liable to pay the awarded compensation or the appellant Insurance Company can recover the amount from the owner of the truck bearing Registration No.AS-25-0358 and take further consequential steps. In that regard, this Court observes that the learned Tribunal shall afford due opportunity to both the appellant Insurance Company as well as the owner of the vehicle to adduce evidence, if they so desire. (iii) The statutory deposit of Rs.25,000/- so deposited by the appellant Insurance Company at the time of filing of the appeal be refunded by the Registry of this Court to the appellant Insurance Company upon the deposit of the amount as directed hereinabove by the appellant Insurance Company before the learned Tribunal and thereupon producing the order from the learned Tribunal evidencing that the deposit made before the Registry of this Court. (iv) This Court further directs the learned Tribunal to release the said amount so deposited to the claimants in the manner as stated in paragraph Nos. 25 and 26 of the impugned judgment and award dated 21.08.2021. (v) This Court is not inclined to impose any costs.