N.I.A. CO. LTD. Vs. PANKAJEENI BEHERA

JUDGEMENT

(1.) THIS appeal is against the award dated 27.11.2006 passed by the learned IInd Motor Accidents Claims Tribunal, Northern Division, Sambalpur made in Misc.(A) Case No. 85 of 1991(D) awarding sum of Rs. 2,22,000/ - with interest @ 6% per annum as compensation in favour of the claimants with a direction to the Appellant -Insurance Company to indemnify the owner of the offending vehicle by paying the amount under the award to the claimants.

(2.) APPELLANT herein is the Insurance Company, who was arrayed as opposite party No. 2 in the accident claim case. Respondent No. 5 is the owner of the offending vehicle, who is opposite party No. 1 and Respondent Nos. 1 to 4 are the claimant -petitioners in the said accident claim case. During pendency of the appeal Respondent No. 2, mother of the deceased, died.

(3.) THE vehicle owner did not appear to contest the claim case. Though, in its written statement all the assertions made in the claim petition were denied in a routine manner, the main defence is that the driver had no valid driving licence.