UNITED INDIA ASSURANCE COMPANY LTD Vs. AHILYA DEVI

JUDGEMENT

(1.) The impugned award is dated 25.10.2008 vide which a sum of Rs. 4,42,000 had been awarded in favour of the claimants. This was in Claim Petition No. 118/2007. This was a death accident case; Pramod Kumar had succumbed to his injuries in the accident which had occurred on 9.6.2007. On the same date, Jeet Singh had sustained injuries; in Claim Petition No. 184/2007 the claimants had been awarded a sum of Rs. 1,04,000. Both the amounts were to carry interest @ 7.5% per annum from the date of the institution of suit till payment.

(2.) Two appeals had been preferred both of which shall be decided by a common judgment.

(3.) MAC Appeal No. 5/2009 had been preferred by the New India Assurance Company. The contention of the appellant is that on the date of accident, the driver did not have a valid permit; this was noted in the Trial Court. Before the appellate Court the owner (appellant in MAC Appeal No. 275/2009) had produced the second permit which on verification was found to be valid. Learned Counsel for the appellant/Insurance Company has fairly conceded that thus on the date of accident the offending vehicle had a valid permit. This point thus rests.