LAWS(ALL)-2005-10-215

NEW INDIA ASSURANCE COMPANY LIMITED Vs. BHOO DEVI

Decided On October 07, 2005
NEW INDIA ASSURANCE COMPANY LIMITED Appellant
V/S
Bhoo Devi Respondents

JUDGEMENT

(1.) THIS first appeal from order has been filed, challenging the impugned award dated 14.7.2005 passed by the Motor Accident Claims Tribunal, Firozabad.

(2.) THE facts are that an accident took place on 14.2.1995 on account of rash and negligent driving of the truck No. HNP -7185 which was insured with the appellant. The accident resulted in the death of one Sarvesh Kumar. The dependants of the deceased namely father and mother filed a claim petition claiming compensation of Rs. 18,10,000 along with 18% interest.

(3.) SINCE the owner of the offending vehicle failed to produced the driving licence of the driver of offending vehicle, the Tribunal held that the driver was not having a valid driving licence on the date of accident.