UNITED INDIA INSURANCE COMPANY LTD. Vs. ARUNA

JUDGEMENT

(1.) Both these appeals are directed against the same judgment and award passed in M.A.C.P. No. 68 of 2007, by learned Member, Motor Accident Claims Tribunal, Akola on 18/05/2009 whereby the Tribunal granted compensation in favour of the claimants in the sum of Rs. 11,29,800/- together with interest at the rate of 8.5% per annum from the date of filing of the petition till realization. Facts in nutshell are as under:-

(2.) The owner/driver and insurer of the offending vehicle disputed their liability. According to insurer company, it was not liable to pay compensation because driver was not holding valid driving licence at the time of accident and accident occurred due to overloading of passengers in a vehicle.

(3.) The Tribunal after examining evidence on record led by claimant No. 1, medical evidence of Dr. Vilas Tambe, and employee of the Maharashtra Jivan Pradhikaran Department Shri Umakant Chincholkar and Police documents such as FIR (Exhibit-28), spot panchnama (Exhibit-29), motor accident report form (Exhibit-39), death certificate (Exhibit-31), medical bills (Exhibit-33 to 38 collectively), etc.