MUKESH KUMAR S/O SHRI SURAJ SINGH Vs. NATIONAL INSURANCE COMPANY LTD. THROUGH BRANCH MANAGER AND SRI SUSHIL KUMAR BHATT S/O SRI B.D. BHATT

JUDGEMENT

(1.) HEARD Shri Lok Pal Singh, counsel for the appellant and Shri D.S. Patni, counsel for the respondent No. 1.

(2.) BY the present appeal, filed under Section 173 of Motor Vehicles Act, 1988, the appellant has prayed for enhancement of amount of compensation awarded by the judgment and award dated 17.12.2005 passed by the Motor Accident Claims Tribunal, Pauri Garhwal in M.A.C.P. No. 83 of 2004.

(3.) THE insurance company has filed a written statement. It has been admitted that the vehicle was insured with the insurance company. It has been submitted that the claimant was not a bona fide passenger. The driver was not holding a valid driving license and the insurance company is not liable to indemnify the claim as the driver of the jeep has violated the insurance policy. The fitness certificate, registration certificate, permit, etc. were not in order. The compensation has been claimed in exaggeration. The owner of the offending vehicle is liable to indemnify the claim. The claim petition is liable to be dismissed.