NEW INDIA ASSURANCE CO LTD Vs. KUSUM BILLAIYA

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited (in MAC APP.739/2011) impugns the judgment dated 23.05.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) awarded a compensation of ` 8,72,000/- for the death of Narayan Das Billaiya in an accident which occurred on 27.03.2007.

(2.) THERE is twin challenge to the award. Firstly, it is contended that the Appellant Insurance Company was entitled to avoid its liability as the driver did not possess a valid driving licence on the date of the accident. Secondly, it is urged that a sum of ` 50,000/- was awarded towards the loss of love and affection which is on the higher side.

(3.) THUS, it is evident that there was no willful breach on the part of owner entitling the Insurance Company to avoid the contract of Insurance.