GULMEER AHAMAD KHAN Vs. BINESH KUMAR NISHAD

JUDGEMENT

(1.) These two appeals arise out of same accident in claim case No.38/2010, decided on 03.03.2011 by the Motor Accident Claims Tribunal, Rajnandgaon (CG). Vide the impugned award the Tribunal in an injury case has awarded compensation of Rs.1,88,900/- to the claimant along with interest @ 6 percent per annum from the date of application. While passing the impugned award, the Tribunal had exonerated the insurance company and had fastened the liability of payment of compensation upon the driver and the owner of the offending vehicle.

(2.) MAC No.690 of 2011 is an appeal filed by the claimant seeking enhancement of compensation. MAC No.602 of 2011 is an appeal by the owner and driver challenging the liability part. For convenient sake we shall take the appeal of the driver and owner first.

(3.) Learned counsel appearing for the owner and driver submits that the vehicle i.e. Tempo bearing registration No. CG-07/ZA/1744 was duly insured with the respondent-Bajaj Allianz General Insurance Co.Ltd. The vehicle at the relevant point of time was being driven by Binesh Kumar and was owned by Anil Kumar. The said driver Binesh Kumar had a valid license to drive Light Motor Vehicle and the vehicle involved was also a light motor vehicle, and therefore, exoneration of the insurance company on the ground that driver had no endorsement to drive commercial vehicle is not proper and legal and therefore the findings of the Tribunal deserves to be set aside and the liability should be shifted upon the insurance company.