NEW INDIA ASSURANCE CO. LTD Vs. SANGEETA DEVI

JUDGEMENT

(1.) THE appellant has challenged the award passed by the learned Motor Accident Claims Tribunal whereby the compensation of Rs.6 lacs along with interest @ 8% per annum has been awarded to the claimants/respondents no.1 to 3. The accident dated 10th June, 2002 resulted in death of Shiv

(2.) SHANKAR aged 22 years. The deceased was survived by his widow and parents who filed the claim petition before the Claims Tribunal.

(3.) LEARNED counsel for the appellant submits that the appellant summoned the record of the Licensing Authority, Mathura and examined RW-1/3 who produced the record and proved that driving licence No.6649/MTR/96 was issued in the name of Jitender Kumar in respect of motor cycle and motor car. The extracts of the record are exhibited as Ex.RW-1/A. Learned counsel submits that the driver, Pawan Kumar was not holding a valid driving licence at the time of the accident. Learned counsel seeks recovery rights against the driver and owner who are respondents no.4 and 5 in this petition.