SHANKAR LAL Vs. SANJAY KUMAR

JUDGEMENT

(1.) - This appeal is filed by the claimant being aggrieved by the award dated 18.11.2009, passed in Claim Case No.78/2008, whereby the liability to pay the compensation has been saddled on the respondents No.1 and 2 and the Insurance Company has been exonerated on the ground of breach of term of policy.

(2.) It is grievance of the appellant that the amount so awarded under all the heads by the Tribunal is inadequate. According to the appellant, the rate of interest applied is also on the lower side and prayed for enhancement of the compensation to Rs.4,20,000/- and to shift the liability of payment of compensation on the Insurance Company.

(3.) In support of his contention, the learned counsel for the appellant/claimant has relied on 1998(1) Vidhi Bhasvar 79 (United India Insurance co. Ltd. v. Mohd. Ashique and others) and AIR 2003 SC 1292 (United India Insurance co. Ltd. v. Lehru and others) , wherein it is held that the liability of the Insurance company towards third party does not get avoided on the ground that driver of the vehicle was not holding a valid licence.