LAWS(DLH)-2012-5-165

ORIENTAL INSURANCE CO LTD Vs. SHASHI BALA

Decided On May 08, 2012
ORIENTAL INSURANCE CO LTD Appellant
V/S
SHASHI BALA Respondents

JUDGEMENT

(1.) THERE is twin challenge to an award dated 30.11.2009 whereby a compensation of RS.9,50,000/- was awarded in favour of Smt. Shashi Bala and Smt. Prakash Devi who were the Petitioner and Respondent No.4 before the Motor Accident Claims Tribunal (the Claims Tribunal).

(2.) FIRSTLY, it is urged that the compensation of RS.1,00,000/- awarded towards loss of love and affection is on the higher side. Secondly, it is contended that it was proved before the Claims Tribunal that Respondent No.2 driver Gajjan Khan (Respondent No.1 before the Claims Tribunal) did not possess a valid driving licence on the date of the accident to drive the offending vehicle, yet the Claims Tribunal instead of exonerating the Appellant Insurance Company, made it liable to pay the compensation.

(3.) THERE is no Appeal by the driver and the registered owner. The legal representatives of the deceased Irfan (Respondents No.5 to 10) preferred not to contest this Appeal despite their appearance through an Advocate.