NATIONAL INSURANCE CO LTD Vs. MALTI RAI

JUDGEMENT

(1.) THESE two appeals under Section 173 of the Motor Vehicles Act, 1988, namely, FAFO No. 258 of 2011 filed by the insurance company and FAFO No. 260 of 2011 filed by the owner, arising out of a common award rendered in Compensation Petition No. 391 of 2008 on 2.12.2010, having been heard together, are being disposed by a common judgement.

(2.) THE insurance company has assailed the award primarily on the ground that the offending vehicle though being insured was not driven by a driver holding a licence valid for driving Motor Cab. Moreover, the accident causing death of the victim having occurred on account of contributory negligence, as such, exoneration of the insurance company from liability of payment of compensation is claimed, besides impugning the penalty of interest imposed by means of the impugned award.

(3.) THE owner by means of FAFO No. 260 of 2011 assailing the award to the extent that the liability has wrongly been fastened on the owner of the vehicle, has prayed for setting aside the impugned award.