UNITED INDIA INSURANCE COMPANY LIMITED Vs. MALKA BEGUM

JUDGEMENT

(1.) These appeals were heard analogously and disposed of by this common order as the common question of fact and law are involved therein. For the sake of convenience, Miscellaneous Appeal (C) No. 120 of 2008 is taken up as the lead case.

(2.) The facts in nutshell, necessary for adjudication of the appeals, are as under:

(3.) Mr. Dashrath Gupta, learned counsel appearing for the appellant insurance company, would submit that the Claims Tribunal has committed legal error in fastening liability upon the insurance company. He would further submit that the finding of the Tribunal that the insurance company is liable to make payment of the compensation is perverse and contrary to the record as the offending truck was a 'heavy goods vehicle' within the meaning of section 2 (16) of the Act, 1988 and respondent driver Amarjeet Das was licensed to drive a heavy goods vehicle w.e.f. 15.7.2005 only, that is, after 66 days from the date of accident which is clear cut violation of the terms of the policy of insurance.