NEW INDIA ASSURANCE COMPANY LTD. Vs. VIMLA DEVI

JUDGEMENT

(1.) SINCE both the appeals have arisen out of the same impugned award dated 12 -06 -2006 and accident dated 27 -12 -2004, therefore, both the appeals have been heard together and are being disposed of by this common judgment.

(2.) BOTH appeals under Section 173 of the Motor Vehicles Act have been filed against the award dated 12 -06 -2006 passed by the Motor Accident Claims Tribunal/District Judge, Udham Singh Nagar (hereinafter referred as Tribunal') in M.A.C.P. No. 30/2006 Smt. Vimla Devi and Ors. v. Pramod Kumar Jaiswal and Anr. whereby the learned Tribunal had awarded a sum of Rs. 6,19,000/ - as compensation against the New India Assurance Company Ltd. The Insurance Company was directed to deposit the amount of compensation within thirty days from the date of award alongwith interest thereon @ 5% per annum from the date of tiling of the claim petition till the date of payment. The claimants have filed the A.O. 533 of 2006 for enhancement of compensation and the Insurance Company has filed A.O. No. 446 of 2006 for setting aside the aforesaid award.

(3.) THE opposite parties filed their written statements and contested the case. Pramod Kumar Jaiswal, who was the owner of the offending vehicle, did not file his written statement. The Insurance Company had filed its written statement denying the allegations made in the claim petition. It was further alleged that the driver of the offending vehicle was not having a valid driving licence at the time of the accident and the documents of the offending vehicle was also not valid.