NATIONAL INSURANCE CO LTD Vs. SUGAN BAI

JUDGEMENT

(1.) I.A.No. 4298 of 2002 has been filed by respondent Nos. 1 and 2 for early hearing of the appeal on merits. The application is allowed and the appeal is heard on merits.

(2.) This appeal is at the instance of the insurance company against the award passed by Third Additional Motor Accidents Claims Tribunal, Ratlam in M.C. No. 36 of 1998, decided on 31.1.2000 wherein on account of death of Fulsinghji in a motor accident, his wife and daughter respondent Nos. 1 and 2 herein have been awarded a sum of Rs. 1,23,200.

(3.) The grievance of the insurance company is that at the relevant point of time, respondent No. 3, the driver of the vehicle was not holding a valid licence to drive a transport vehicle.