NEW INDIA ASSURANCE CO LTD Vs. AGAR KALI

JUDGEMENT

(1.) Heard counsel for the appellant and perused the record.

(2.) This first appeal from order has been filed by New India Assurance Company Ltd. (hereinafter referred to as the appellant company ), challenging the validity and correctness of the impugned judgment and award dated 25.3.2010 passed by Motor Accident Claims Tribunal/Additional District Judge, court No. 3, Etah in Motor Accident Claim Petition No. 402 of 1999, Smt. Agarkali v. New India Assurance Company Ltd. and another. The appellant has prayed for setting aside the impugned award dated 25.3.2010 on the ground that award is illegal, arbitrary and without any justification and as such is liable to be set aside.

(3.) It is submitted by the counsel for appellant that the tribunal has not considered facts and circumstances as well as the evidence on record while awarding Rs. 95000/- to the claimant and since the tribunal has arrived to the conclusion that at the time of accident on 27.8.1999 the driver of the vehicle did not have effective and valid driving licence which is in violation of Section 149 of the Motor Vehicles Act, hence the appellant cannot be made liable to pay compensation awarded by the tribunal.