ORIENTAL INSURANCE COMPANY Vs. SARSWATI BAI

JUDGEMENT

(1.) As both these appeals filed by the Insurance Company & the claimants under Section 173 of the Motor Vehicles Act arising out of the common award dated 14.03.2013 passed by the 1st Additional Motor Accident Claims Tribunal, Baloda-Bazar, District- Raipur (C.G.) in claim case No. 103/2012, they are heard together and are being disposed of by this common judgment.

(2.) Appellant/Insurance Company has filed the appeal being MAC No. 565/2013 challenging the liability fastened upon it on the grounds that the driver of the offending vehicle did not have valid and effective driving licence at the time of accident and also the offending vehicle was being driven on a route other than the route prescribed in the permit whereas appellants/claimants, who are the widow, children & parents of the deceased- Sevadas, have filed the appeal being MAC No. 580/2017 seeking enhancement of the amount of compensation under award.

(3.) On claim petition being filed by the claimants, who are unfortunate wife, Children & parents of the deceased, under Section 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by both the parties passed an award to the tune of Rs. 4,75,800/- alongwith interest @ 6% per annum from the date of filing of claim petition till its actual payment in favour of the claimants, fastening liability of payment of compensation upon the non-applicants jointly and severally.