NATIONAL INSURANCE CO LTD Vs. VIJENDRA SINGH

JUDGEMENT

(1.) THIS appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988, (in short the Act) against the judgment and Award dated 6 -5 -2002 passed in M.A.C. Case No.2 of 2000. Vijendra Singh & others Vs. National Insurance Co. Ltd. & another, by Motor Accident Claims Tribunal Chamoli (in short the Tribunal), whereby the learned Tribunal has allowed the claim petition and has awarded Rs. 4,75,000/ - as compensation along with interest @ 6% per annum, as mentioned in the impugned order, in favour of the claimant -respondents against the O.P. No. 1 -appeliant under Section 166 of the Act. Aggrieved, the Insurance Company -appellant has come up in appeal for setting aside the impugned judgment and award passed by the learned Tribunal mainly on the ground that the driver of the vehicle Involved in the accident was not holding a driving licence and that the quantum of compensation is excessive and the Tribunal has failed to appreciate the evidence on record.

(2.) BRIEF facts of the case are that Head Const. Mal Dei sustained grievous injuries and died in a motor accident on 21 -11 -1999 involving Jeep No. UGA -7429, due to rash and negligent driving by the driver of the said Jeep. Hence the claim petition has been filed by her dependents/legal heirs. O.P. No.1 -appellant contest the claim petition by filing its written statement contending that the driver of the vehicle was not holding a valid driving licence and there were no valid papers in respect of the vehicle involved in the accident. The O.P. No.2 owner of the Jeep filed written statement and asserted that he has possessed all valid papers in respect of the vehicle in question and the vehicle was duly insured with the appellant, therefore, the Insurance Company Is liable to pay compensation.

(3.) LEARNED Tribunal framed as many as four issues in the case. Ultimately, the Tribunal has held that the motor accident resulting into Injuries and consequent death of the deceased was caused due to rash and negligent driving by the driver of the ill -fated Jeep. It has further been held that the owner was holding all necessary valid papers in respect of the Jeep and the driver was holding a valid driving licence. Finally, it has also been held that the claimants are entitled to get compensation worth Rs. 4,75,000/ - for the death of the deceased and accordingly, the claim petition has been decreed along with Interest @ 6% per annum in favour of the claimants against the O.P. No.1 -appellant, as mentioned in the impugned order.