NEW INDIA ASSURANCE CO LTD Vs. KEDAR SINGH

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited impugns the judgment dated 06.01.2010 whereby the compensation of Rs. 5,43,594/- along with interest @ 7.5% per annum was awarded in favour of Respondents No.1 and 2 for the death of Sunil Kumar, aged 19 years and six months on the date of accident, which occurred on 15.07.2006.

(2.) THE only ground of challenge is that although the driving licence held by the owner/driver Tarun Kumar Agarwal, the third Respondent was fake but the Insurance Company was held liable to pay the compensation. No recovery rights were even granted to the Appellant.

(3.) A perusal of the Trail Court record reveals that a copy of the licence number 2556/1999 dated 16.07.1999 was placed on record of the Claims Tribunal. This licence was initially issued by the RTO, Sambalpur (Orissa). It was got renewed on 21.04.2001 by RTO, Sundargarh, Orissa. It is important to note that a counter affidavit was also filed by the third Respondent (the owner and driver of the vehicle).