NEW INDIA ASSURANCE COMPANY LIMITED Vs. SARBANI GORAI

JUDGEMENT

(1.) This matter was taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

(2.) Appellant-Insurance company being aggrieved of award dtd. 10/8/2020 passed by the learned Motor Accident Claims Tribunal, Chandigarh (for short, the 'Tribunal') has filed this appeal

(3.) Brief facts necessary for adjudication of this case are that, a petition under Sec. 166 of the Motor Vehicles Act (for short, the 'Act') filed by the claimants-respondents was decided by the learned Tribunal vide award dtd. 25/8/2015 and compensation to the tune of Rs.51,25,000.00 was awarded alongwith interest at the rate of 7.5% per annum on account of death of one Parshant Gorai. It was held that the accident took place due to rash and negligent driving of the offending truck bearing registration No.PB-65-N-7602, which was insured with the appellant-Insurance company. FAO No.132 of 2016 was filed by the Insurance company challenging the said award, which was disposed of on 31/1/2019. While upholding the quantum of compensation, the matter was remanded to the learned Tribunal to return its finding on Issue No.3 i.e., "Whether the driver of offending vehicle was not holding a valid and effective driving license on the date of accident and the vehicle was being driven in violation of terms and conditions of the insurance policy? OPR3"