DIVISIONAL MANAGER Vs. K. THRUNGSO

JUDGEMENT

(1.) Heard Ms. Moajungla, learned counsel for the appellant as well as Mr. Limawapang, learned counsel appearing on behalf of respo-ndent No. 1. Mr. Meyiwabang Ao, learned counsel appears for respondent No. 2.

(2.) The grounds of objection in the instant appeal are twofold: First that the driver in question did not have a valid Driving License to drive the HMV transport vehicle and as such, the insurance company, i.e. the appellant is not liable to be saddled with the liability as has been done by the impugned award. The second ground of objection is the compensation so awarded cannot be a just and fair compensation within the meaning of Sec. 168 of the Act as the award passed is inflated and exhorbitant.

(3.) The facts of the instant case is that on 1/2/2016, at 5:00 P.M. the son of the claimant, one Kerito (since deceased) was travelling by a vehicle bearing Registration No. NL-03/A-2322 (Mini Truck) employed as a handyman of the said truck. The said truck met with an accident due to loss of control of the vehicle and resultantly, the son of the claimant received grievous injuries and subsequently, succumbed to his injuries in the hospital. It is the case of the claimant in the claim petition that the deceased was earning an amount of Rs.6,000.00 per month and he was the only earning member in the family and at the time of his accident, he was only 18 years old and on the basis thereof, claimed a compensation of Rs, 8,08,000/-.