SUKHPAL CHAUHAN Vs. SHAKUMBARI DEVI & OTHERS

JUDGEMENT

(1.) Both these appeals have arisen out of the same judgment and hence are being taken up together for adjudication by this Court.

(2.) The accident occurred on 24.5.2010 at 10:30 PM when Mr. Ram Lal Bhatt, a man aged 48 years, was dashed by tempo no. UA08E-9440. As a consequence of such accident Mr. Bhatt lost his life. FIR could be lodged on the next day i.e. 25.5.2010 at 9:30 AM and later on a claim compensation petition was instituted by the widow, father and minor son of the deceased seeking an award of Rs. 18,20,000/-, where against the learned Tribunal has granted such award to the tune of Rs. 8,78,200/-.

(3.) The Insurance Company has challenged the impugned judgment dated 16.01.2012 on the ground that driver of the tempo Mr. Monu, son of Shri Kalyan Singh, was not found having a valid driving licence on the relevant date. Yet the Insurance Company has been asked to pay the compensation all the same a recovery right has been conferred against the owner of the tempo.