NEW INDIA ASSURANCE CO. LTD Vs. VASDEV KALRA

JUDGEMENT

(1.) The present appeal has been filed by the appellant - Insurance Company, challenging the impugned Award dated 25.10.1999, passed by the learned Motor Accident Claims Tribunal, Hoshiarpur (for short, 'the Tribunal') whereas, the cross-objections have been filed by the claimants for the enhancement of compensation. Learned counsel for the appellant-Insurance Company submits that it is proved on record beyond any doubt that the original driving licence held by the driver of the offending vehicle was fake and its renewal thereafter by some other Competent Authority will not validate the licence. At the time of the accident the driver was not having any valid and effective driving licence, so the appellant-Insurance Company is not liable to pay the compensation.

(2.) He further argued that the amount of compensation awarded is on the higher side. He relies upon the two judgments i.e. New India Assurance Co. v. Kamla, 2001 3 RCR(Civ) 716and Varinder Kumar v. Vijay Kumar and others,2013 1 AICJ 426passed by the Supreme Court of India and of this Court, respectively.

(3.) On the other hand, the learned counsel for the cross-objectors submits that the amount of compensation is on the lower side which may be enhanced suitably.