NEW INDIA ASSURANCE CO. LTD. Vs. VASHID ALI

JUDGEMENT

(1.) These appeals are filed by the Insurance Company and claimants respectively, being aggrieved of award dtd. 22/11/2008, passed by learned Addl. Motor Accident Claims Tribunal, Bhopal (M.P.), in MCC No.320/2008.

(2.) It is submitted by learned counsel for the Insurance Company that admittedly there was no endorsement on the driving licence to drive a commercial vehicle and, therefore, learned Tribunal erred in not exonerating the Insurance Company totally and in passing an award of pay and recover.

(3.) Shri Lalji Kushwaha, submits that claimants have not been granted any future prospects and that be granted to them. It is also submitted that an appropriate sum be also awarded under the head of non-pecuniary compensation.