NATIONAL INSURANCE CO LTD Vs. BHAGWATI DEVI

JUDGEMENT

(1.) The present appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by National Insurance Co. Ltd. (hereinafter referred to as 'the appellant', for short) against the judgment and award dated 15.2.2000 passed by the Motor Accidents Claims Tribunal in Claim Petition No. 85 of 1992 titled Bhagwati Devi v. A.K. Sharma.

(2.) It is submitted on behalf of the appellant that the insurance company should not have been made jointly and severally liable to make payment of the awarded amount of Rs. 35,000 along with simple interest at the rate of 12 per cent per annum as the driver of the insured vehicle was holding a fake licence.

(3.) Bhagwati Devi, the claimant before the learned Tribunal and respondent No. 1 before this court, sustained injuries in a road accident on 4.4.1995 after being hit by a speeding Matador van bearing No. HR 29-C 9504. As a result, she suffered injuries and had fractured her leg and had to be admitted in a hospital for treatment.