RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. SANTA BAGHMAR

JUDGEMENT

(1.) Reliance General Insurance Co. Ltd./the appellant herein has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the M.V. Act') questioning the award dated 5-11-2012 passed by Chief Motor Accidents Claims Tribunal, Raipur (in short 'the Claims Tribunal') in Claim Case No. 31/2009, by which, the Claims Tribunal has partly allowed the claim petition filed by the claimants and awarded a total sum of Rs. 4,06,000 along with interest @ 6% per annum. Brief facts, necessary for adjudication of this appeal, are as under:

(2.) Mr. Sourabh Sharma, learned counsel appearing for the appellant/Insurance Company would submit that the finding recorded by the Claims Tribunal with regard to the fact that the driver did have possess a valid and effective driving licence is perverse and contrary to the record. Mr. Sharma would further submit that the offending vehicle was being plied in violation of terms of the policy of insurance, therefore, the appellant/Insurance Company be exonerated from its liability to make out payment of the compensation. Mr. Sharma would further submit that since the driver has been acquitted of the charge under Section 304-A, IPC, therefore, the appeal deserves to be allowed.

(3.) Per contra, Mr. Shikhar Sharma, learned counsel appearing for the respondent No. 1 to 4/claimants and Mr. Avinash Singh, learned counsel appearing for the respondent No. 6 opposed the submissions made by Mr. Sourabh Sharma, learned counsel for the appellant. They would submit that the impugned award is strictly in accordance with law and no interference is called for in exercise of appellate jurisdiction under Section 173 of the M.V. Act.