LAWS(ALL)-2020-9-41

NATIONAL INSURANCE COMPANY LTD Vs. RAM PRAKASH

Decided On September 21, 2020
NATIONAL INSURANCE COMPANY LTD Appellant
V/S
RAM PRAKASH Respondents

JUDGEMENT

(1.) This appeal has been filed with a delay of 151 days. The delay has been duly explained by the appellant stating that the same has been occasioned on account of obtaining the documents and also on account of on ongoing Pandemic of Covid 19. The delay has been explained satisfactorily. The delay is condoned.

(2.) National Insurance Company Limited, Lucknow (Appellant) is in appeal against the judgment and order dated 15.1.2020 passed in Claim Petition No.805/2015 which was filed by the respondents, who are legal heirs of the deceased, and the claim has been allowed and the appellant has been directed to pay Rs.4,73,200/- along with interest at the rate of 8 per cent per annum to the opposite parties.

(3.) The award has been assailed primarily on the ground that driver of the motorcycle was not holding valid and effective driving license at the time of the incident, therefore, Appellant Insurance company is liable to be absolved of its liability to indemnify the deceased.