ORIENTAL INSURANCE CO. LTD Vs. RAJU ARYA

JUDGEMENT

(1.) SINCE , in both the appeals, identical questions of facts and law are involved, therefore, both the appeals were heard together and are being disposed of by this common judgment. Present appeals are preferred by the Insurance Company assailing the judgment/award dated 7.2.2014 passed by the M.A.C.T. /District Judge, Champawat, whereby Insurance Company was directed to pay compensation of Rs. 58,600/ - to the claimant injured and Rs. 3,34,000/ - to the claimants on account of death of Nadeem Khan @ Rohit along with 7 per cent interest per annum from the date of presentation of the claim petition till the date actual payment is made in favour of the claimant.

(2.) MR . M.K. Goyal, learned counsel appearing for the appellant vehemently argued that on Tanakpur - Pithoragarh route entry of any vehicle was prohibited between 9.00 P.M. to 5.00 A.M., therefore, it was not open to the driver of the vehicle to drive the vehicle on Tanakpur - Pithoragarh road between 9.00 P.M. to 5.00 A.M., therefore, no liability can be fastened against the Insurance Company.

(3.) THE third point raised by Mr. M.K. Goyal, learned counsel for the appellant, is that vehicle was being driven by Sonu Dwivedi, who was having no valid license, however, in order to recover the amount of compensation from the Insurance company, Rakesh Kashyap was introduced as driver of the vehicle. Mr. M.K. Goyal, learned counsel for the appellant stated that beside all the three points raised hereinbefore, he does not want to press any other point in support of the appeal.