ORIENTAL INSURANCE CO LTD Vs. SUMIT

JUDGEMENT

(1.) THE appellant M/s. Oriental Insurance Co. Ltd. has preferred the present appeal against the judgment and award of the Motor Accident Claims Tribunal, New Delhi dated 30.11.2002 challenging the quantum of compensation awarded to the respondents No.1 to 4.

(2.) THE brief facts relevant for the decision of the present appeal are that one Chander Prakash met with a road accident on 22.11.1991 resulting in his death at the spot. THE respondents No.1 to 4 are the legal representatives and dependents of the deceased?Chander Prakash. THE respondent No.5 is the owner of the offending truck, which had hit the deceased at the time of the accident. THE respondent No.6 is the driver of the said truck and the appellant is the insurance company with which the offending vehicle was insured on the relevant date.

(3.) IN the course of hearing, Mr. Pankaj Seth, the learned counsel for the appellant, has challenged the impugned award on two grounds; (i) that the Tribunal erred in taking the income of the deceased at three times the income he was getting; (ii) that the driver of the offending truck did not have a valid driving licence. The latter ground, it deserves to be noted, does not find mention in the Grounds of Appeal.