MANISHA SANJAY NIKAM Vs. SHRADDHA SANJAY NIKAM

JUDGEMENT

(1.) This first appeal is preferred by the New India Assurance Company Limited (original respondent) against the judgment and order dated 13th April 2018 passed in M.A.C.P. No.62 of 2013 by the learned Member, M.A.C.P., Karad thereby directing the appellant and others to pay jointly and severally to the claimant a sum of Rs.7,11,000/- towards compensation together with simple interest thereon at rate of 6% p.a. from the date of petition till realization of entire amount within two months from the passing of the judgment and order.

(2.) I have heard both the parties. The learned counsel for appellant has raised a very short issue. As far as the amount of award is concerned, it is not disputed. However, according to the learned counsel for appellant, the learned Tribunal ought to have considered that on the date of accident, the driver was not holding a valid driving license and in such circumstances, it ought to have ordered that the appellant is entitled to recover the amount of award from the owner of the vehicle of the offending truck, which was rejected by the learned Member.

(3.) I have also heard the learned counsel for the respondent / claimant who also admits the position of law and has no objection if it is so ordered by this Court.