ORIENTAL INSURANCE CO. LTD. Vs. SAVITRI AND ORS.

JUDGEMENT

(1.) CM No. 20745/2014 (delay) in MAC APP. 1258/2012.

(2.) BOTH the above appeals are filed by the appellant Insurance Company seeking to impugn the common award dated 01.09.2012 arising out of the same accident.

(3.) IT was the stand of the owner of the vehicle Ms. Esha Srivastava that the driver Manish Kumar was actually a cleaner of the car. The keys were given to him to clean the car. He has without the consent of the owner taken the vehicle and caused the accident while driving the same in a rash and negligent manner. He had a valid driving license. After the accident he came back and returned the keys. Later on when the husband of the owner tried to use the car he could not trace the car and called the police. The police informed that the car was involved in an accident.