NATIONAL INSURANCE CO LTD Vs. RAMNIKA & ORS

JUDGEMENT

(1.) The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.79,853.25/- has been awarded to claimant/respondent no.1.

(2.) The learned counsel for the appellant submits that respondent no.2 was driving the offending vehicle at the time of the accident on 17th October, 2001. It is submitted that the driving licence was issued to the driver on 19th May, 1994 for a period of three years. The licence was renewed after the accident on 26th March, 2002 for a period up to 25th March, 2005. It is submitted that on the date of the accident, the driving licence of the driver was not valid.

(3.) Respondent no.1 is present in Court along with her father. She was aged 9 years at the time of the accident. She was sitting on the cot in front of her house when a Maruti Van bearing No.DAE 4960 hit her resulting in fracture of both bones of right leg. The learned counsel for claimant/respondent no.1 submits that the appellant may be directed to pay the compensation to respondent no.1 in the first instance and the recovery rights be given to the appellant to recover the award amount from respondent nos.2 and 3.