UNITED INDIA INSURANCE CO. LTD. Vs. A. VERLAXMI

JUDGEMENT

(1.) This is insurer's appeal filed under section 173 of the Motor vehicles Act, 1988 (hereinafter referred to as 'the M.V. Act') questioning the legality and validity of the award dated 30.11.2009 passed by Seventh Additional Motor Accidents Claims Tribunal, Raipur (henceforth 'the Claims Tribunal') in Claim Case No. 44 of 2008, by which the claim petition of claimant-respondent Nos. 1 and 4 has partly been allowed fastening the liability of payment of compensation upon the appellant insurance company to indemnify ne award.

(2.) The facts, as projected and necessary for adjudication of this appeal, are as under:

(3.) Mr. Dashrath Gupta, learned counsel appearing for the appellant, would submit that Claims Tribunal has committed a legal error in directing the insurance company to indemnify the amount under award as there is overwhelming evidence available on record to hold that driver did not have valid and effective driving licence to drive the offending goods carriage carrying dangerous/hazardous goods and, therefore, the part of award by which the liability has been saddled upon the appellant insurance company deserves to be set aside.