ORIENTAL INSURANCE CO. LTD. Vs. SHYAM BABU KESARWANI

JUDGEMENT

(1.) Heard Sri Ramesh Singh, learned counsel for the insurance company; Shri Anurag Shukla appearing for Shri Devi Shanker Shukla, learned counsel for the claimants; and perused the record and award.

(2.) Appeal No.2127 of 2021, at the behest of the claimant, challenges the judgment and award dtd. 15/7/2002 passed by Motor Accident Claims Tribunal/ Special Judge, E.C. Act, Allahabad (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.160 of 2001 awarding a sum of Rs.65,000.00.00 with interest at the rate of 8.5% as compensation. The appellant has questioned the compensation granted.

(3.) Appeal No.1741 of 2002 is by Insurance company challenging the award on several grounds; (i) driver of vehicle involved not joined as party; (ii) licence of driver of vehicle insured was fake as first licence was found fake but there were two licences the tribunal negatived this objection; and (iii) the case is of Contributory negligence and issue of negligence has been wrongly decided.