NEW INDIA ASSURANCE COMPANY LTD. Vs. SUNITA JAIN

JUDGEMENT

(1.) Heard Sri Arun Kumar Shukla, learned counsel for the appellant. None has appeared for the respondents.

(2.) By way of this appeal, the New India Assurance Co. Ltd., has challenged the judgment and award dtd. 19/5/1992 passed by Motor Accident Claims Tribunal/1st Additional District Judge, Kanpur Nagar in Claim Petition No.125 of 1985 awarding sum of Rs.5,60,000.00 as compensation with 12% rate of interest. The deceased was survived by widow, two sons and mother. Cross objections came to be filed belatedly and, therefore, though the delay is condoned, it goes without saying that while discussing grant of interest, this aspect has to be considered as per judgment of the Apex Court in Lakkamma and Others Vs. The Regional Manager M/s United India Insurance Co. Ltd., AIR 2021 SC 3301.

(3.) By way of this appeal, the Insurance Company has challenged the award and the formal order mainly on two grounds namely that the vehicle was unauthorizedly taken out of the garage and driver had no driving license where it was sent for repairs by the owner of the vehicle and that the compensation awarded is on the higher side.