NATIONAL INSURANCE CO LTD Vs. SARALA PASAYAT

JUDGEMENT

(1.) Even though the matter is listed for admission/hearing under Order XLI Rule 11 CPC, Learned Counsel for both the parties submit that the same can be disposed of at this stage, since the grounds of challenge in this appeal is with regard to the liability of the Insurance Company to pay the awarded amount indemnifying the owner of the vehicle, even though the driver of the vehicle was not having a valid Driving Licencewhich is violative of the terms and conditions of policy as well as the quantum of compensation and rate of interest awarded, which are on the higher side.

(2.) THIS appeal has been filed by the Opposite Party No. 2/Insurance Company challenging the award -dated 31.05.2005 passed by the Learned 2nd Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 1521 of 2000, filed by the claimant/Respondent Nos. 1 and 2, who are the wife and son of one Jagannath alias Jagabandhu Pasayat, who died in a road accident caused on 08.12.2000 due to rash and negligent driving of the driver of a Truck bearing Registration No. OR11 -6009.

(3.) IN support of their case, the claimants have examined three witnesses and exhibited certain documents. On the other hand, only one witness was examined by the Opposite Parties in support of their contentions. However the Opposite Party No. 2/lnsurance Company had filed five documents namely investigation report and certified copy of the D.L., i.e. Exts. A and B, respectively and voter identity card of J. Pasayat (marked 'X -1') copy of voter identity card of Section Pasayat (marked as 'Y') and signature of Section Pasayat (marked as 'z')