NATIONAL INSURANCE COMPANY LIMITED Vs. CHANDRASHEKHAR

JUDGEMENT

(1.) Heard.

(2.) The appellant - National Insurance Company Limited challenged the legality and correctness of the Judgment and Award dated 29/11/2011 passed by the Member, Motor Accident Claims Tribunal - 3, Nagpur in M.A.C.E No. 430/2004.

(3.) The facts necessary to decide the present appeal are as under: The respondent No. 1 / original claimant met with an accident and he sustained injuries. However, his wife -deceased Jyoti who was co-traveler died on the spot. Respondent No. 1 filed Claim Petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs. 1,00,000/- (Rs. One lakh only). The appellant - Insurance Company herein in its written statement resisted the claim and raised the defence of absence of valid and effective driving license with the driver of the offending vehicle i.e. Truck bearing No. MP-09-KA-6813.