NEW INDIA ASSURANCE CO LTD Vs. KHEKU GADAYAT

JUDGEMENT

(1.) EVEN though the matter is listed for admission/ hearing under Order XLI Rule 11 C.P.C., Learned Counsel for both the parties submit that the same can be disposed of at this stage, since the main ground of challenge in this appeal is with regard to quanturr of award, application of multiplier 13 for computation of the aware as well as liability of the Insurance Company for payment of the awarded amount indemnifying the owner of the vehicle even if the Driver of the vehicle was not having a valid Driving Licence - which is violative of the terms and conditions of policy.

(2.) THIS appeal has been filed by the Insurance Company challenging the award -dated 05.01.2005 passed by the Learned Additional District Judge -cum - Motor Accident Claims Tribunal, Rourkela in MAC Case No. 199/98 (277 of 2000), which was filed by Respondent Nos. 1 and 2 for compensation of Rs. 2, 50, 000/ - as their 22 years son, who was earning Rs. 3000/ - per month as a labourer and by doing cultivation, died in an accident caused due to rash and negligent driving of the driver of a Trax vehicle bearing Registration No. OR -14C -5387 on 30.04.1998.

(3.) THE Tribunal taking into consideration all the facts and materials available on record, both oral and documentary, awarded compensation of Rs. 1,32,000/ - applying multiplier 13, together with interest at the rate of 6 % per annum from the date of filing of the petition, i.e. 14.05.1998 till the date of realization, assessing income of the deceased to be Rs. 15000/ - per annum and directed Opposite party No. 2/Insurance Company (Appellant) to pay the amount indemnifying the owner of the vehicle, since the vehicle was insured with the Appellant Company.