ORIENTAL INSURANCE COMPANY LIMITED Vs. KULWANT KAUR

JUDGEMENT

(1.) The present appeal has been filed by the Insurance Company, challenging the impugned Award dated 13.4.2006, passed by the learned Motor Accidents Claims Tribunal, Nawanshahar (for short 'the Tribunal'). The claimant-respondent Nos. 2 and 3 have also filed cross-objections, seeking enhancement of the compensation. Learned counsel for the Insurance Company-appellant refers to report dated 17.2.2005, furnished by the Surveyor and submits that the driving licence held by the driver was for Scooter/LMV only, whereas the offending vehicle i.e. TATA SUMO was registered as Transport Vehicle and therefore, to drive a transport vehicle, a special endorsement is required, which was not made on the driving licence of the driver possessed by him at the time of accident. The offending vehicle was insured as commercial vehicle. Therefore, the appellant is not liable to indemnify the award.

(2.) Despite service, none appeared on behalf of respondent Nos. 4 and 5, the owner and the driver.

(3.) Learned counsel appearing for the claimants/respondent Nos. 2 and 3, cross-objectors submits that the learned Tribunal erred in applying the multiplier of 13 instead of 17, as the deceased was 28 years old at the time of his death. He further submits that no amount has been awarded towards future prospects, loss of consortium and loss of love and affection to the mother. He prays for the enhancement of the compensation.