NATIONAL INSURANCE COMPANY LIMITED Vs. SANJAY KUMAR SAYYAM

JUDGEMENT

(1.) As both these appeals filed under sec. 173 of Motor Vehicles Act, 1988 by the Insurance Company and the claimants arises out of the common award dtd. 04/02/2014 passed by First Additional Motor Accident Claims Tribunal Bilaspur (C.G.) in Claim Case No. 62/2010, they are heard together and are being disposed of by this common judgment.

(2.) Appellant/Insurance Company has filed the appeal being MAC No. 531/2014 challenging the liability fastened upon it on the ground that the driver of the offending vehicle did not have valid and effective driving license at the time of accident whereas claimant injured has filed the appeal being MAC No. 785/2014 seeking enhancement of the amount of compensation under the award.

(3.) On a claim petition being field by the claimant injured under sec. 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by both the parties passed an award to the tune of Rs.1,23,750.00 alongwith interest @ 6% per annum from the date of application till realization, considering 25% negligence on part of injured claimant and 75% negligence on part of nonapplicant No. 3 liability fastened upon non-applicants No. 1, 2 & 3 jointly and severally.