ORIENTAL INSURANCE CO. LTD. Vs. BIRO DEVI

JUDGEMENT

(1.) Vide the present appeal, the appellant/Insurance Company has assailed the impugned award dated 04.07.2006, whereby the learned Tribunal has granted compensation for a sum of Rs.11,30,000/- with interest at the rate of 7% per annum from the date of filing the claim petition till realization of the amount.

(2.) Brief facts of the case are that on 05.05.1998 at about 9.40 pm, deceased Jasbir Singh was going on his motorcycle bearing registration No.DL-1SK-0107 cautiously and in a normal speed. All of a sudden, a Tempo bearing registration No.DL-1LB-6247 driven by respondent No. 5 came in a rash and negligent manner and hit against his motorcycle. As a result of the said accident, he died on the spot.

(3.) Learned counsel appearing on behalf of the appellant/Insurance Company has argued that the learned Tribunal had erred in holding that the appellant/Insurance Company failed to prove that insured was having knowledge that driving licence of the driver/respondent No. 5 was not for LMV (Commercial) and that insured had engaged him without due care and precaution.