PHULWARILAL MISHRA Vs. AWADHESH KUMAR

JUDGEMENT

(1.) This judgment shall govern the disposal of both the aforesaid appeals.

(2.) M.A. No. 115 of 1997 has been filed by the claimants for enhancement of compensation. In a third party claim, Tribunal has awarded compensation of Rs. 50,000 for the death of the deceased Bhupendra Mishra a boy of about 15 years.

(3.) M.A. No. 126 of 1997 has been filed by the insurance company on the ground that the driver who was driving the offending vehicle was not having a valid driving licence, therefore, the insurance company cannot be made liable to indemnify the liability on account of breach of terms and conditions of the insurance policy.