NEW INDIA ASSURANCE CO LTD Vs. BHAVNEET KAUR

JUDGEMENT

(1.) THE appellant/Insurance Company has assailed the impugned award dated 06.04.2011, whereby the learned Tribunal has granted compensation as under :- <IMG>JUDGEMENT_3754_ILRDLH23_2013.jpg</IMG> Interest at the rate of 7.5% per annum was also awarded from 19.03.2009 till its realization by the learned Tribunal.

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has argued that the respondent No.2, i.e., driver of the offending vehicle was not holding valid driving licence on the date of the accident, i.e., 13.12.2005.

(3.) ALSO submitted that the appellant/Insurance Company had placed on record, before learned Tribunal, a letter dated 01.01.2009 from the Office of Sub -Divisional Transport Officer, wherein it is stated that the licence No. R 30878/KP was issued from their office on 09.03.1995 for driving motorcycle with gear in favour of Sh.Ram Kumar S/o Sh. Sampat. He pointed out that the aforesaid licence was never issued in the name of Sh.Ramesh Kumar /respondent No.2, i.e., driver of the offending vehicle, despite that the learned Tribunal has not granted recovery rights in favour of the appellant/Insurance Company.