NEW INDIA ASSURANCE CO. LTD Vs. RINA KUMAL

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned counsel, for the appellant, and Mr. P. Hazarika, learned counsel, for the respondent.

(2.) In the present case, husband of the claimant-respondent died in a motor vehicle accident. The Tribunal has found that the negligence of the driver of the offending vehicle and the coverage of insurance is proved and, thus, directed the compensation awarded payable by the insurer. The insurer, being aggrieved by the said award, has filed this appeal.

(3.) It is the contention that the vehicle is a commercial vehicle and was being plied without permit. Therefore, the insurer is not liable to pay compensation.