ORIENTAL INSURANCE CO. LTD Vs. PARVIN DEVI

JUDGEMENT

(1.) These seven Appeals arise out of a common judgment dated 28.02.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby seven Claim Petitions were decided awarding various amount of compensation, which is extracted hereunder:

(2.) On the other hand, the learned counsel for the Respondents (Claimants) urges that the Appellant Insurance Company failed to prove that the Respondent Nirmal Kumari permitted the driver to use the vehicle for hire and reward. No legal evidence whatsoever was produced by the Appellant Insurance Company to prove that there was any breach of the terms and conditions of the policy. Thus, the Appellant Insurance Company cannot be permitted to avoid the contract of insurance. It is contended that the compensation awarded by the Claims Tribunal is very conservative and needs enhancement.

(3.) I shall deal with the issues one by one.