NEW INDIA ASSURANCE CO. Vs. SANGEETA

JUDGEMENT

(1.) THE appeal is directed against the award dated 15.12.95 of the 4th Addl. MACT, Ratlam passed in Claim Case No. 35/93 whereby claimant -respondents No. 1 and 2 have been awarded a compensation of Rs. 1,78,400/ - for the death of Dilip Sharma died in a motor accident.

(2.) CONTENTION of learned counsel for appellant is that driver of the vehicle was not having valid licence. This point has been discussed by learned Tribunal in para 24 of the Award, is not in dispute that, the driver was having a licence of heavy vehicle. Of course, badge was not issued as the same was not available in the office. There is no dispute that he was working as a driver of the passenger bus for a long period. Thus, he has an experience of driving heavy passenger vehicle. Learned Tribunal has after appreciation of evidence rejected the contention. The driver knew the driving. He was having a licence of heavy motor vehicle and was driving a heavy passenger vehicle for a long period.

(3.) LEARNED counsel thereafter tried to challenge the quantum. In our opinion Insurance Co., is not entitled to challenge the same. However, we examined the fact on the request. We do not find that the compensation awarded is on the higher side. Very conservative view about the dependency and the application of multiplier has been taken.