UNITED INDIA INSURANCE CO. LTD. Vs. SHEELA

JUDGEMENT

(1.) Heard Sri Tarun Kumar Mishra, learned counsel for the appellant and Sri Firoz Ahmad Khan, learned counsel for the claimants-respondents no. 5 and 6. Sri Jagjit Singh Sodhi, learned counsel for the claimant-respondents no. 1 to 4

(2.) The insurance company, as appellants, have instituted the aforesaid appeal against the award dtd. 18/11/2021 passed by the Motor Accident Claims Tribunal (South), Lucknow in Claim Petition No. 564 of 2017 whereby the Claims Tribunal has awarded a sum of Rs.18,69,280.00 along with 7% interest from the date of the application till the date of the payment in favour of the claimant-respondents no. 1 to 4 and the said award has been passed against the Insurance Company.

(3.) The learned counsel for the appellant while assailing the award has raised a solitary contention. The thrust of the arguments is that the accident occurred on account of rash and negligent driving of the offending Gas Tanker bearing No. UP 17 AT 1890, however, though, no appeal has been preferred by the owner and the driver regarding the aforesaid finding but the Insurance Company has escalated the matter on the premise that the driver of the offending Gas Tanker did not have a valid and an effective driving license, inasmuch as, on the date of the accident i.e. 29/7/2017, the driver of the aforesaid Gas Tanker namely Rajesh Kumar did not have the requisite endorsement on his driving license authorizing him to drive a transportation vehicle containing hazardous goods.