RELIANCE GENERAL INSURANCE CO LTD Vs. MAYA DEVI

JUDGEMENT

(1.) THE present appeal has been filed by the Insurance Company, assailing the award passed by the learned Motor Accident Claims Tribunal, Nuh (for short 'the Tribunal'), dated 29.9.2010, vide which, a sum of Rs.16,75,272/ - has been awarded to the claimants, as compensation.

(2.) LEARNED counsel for the appellants vehemently argued that the deceased was a Haryana Govt. employee, therefore, the financial assistance given by the State Govt. is liable to deducted from the compensation. She further submits that driving licence held by the driver was not valid for diving the commercial vehicle, therefore, the Insurance Company is not liable to pay the compensation.

(3.) ON the other hand, learned counsel appearing for the driver and owner submits that the driving licence held by the driver was valid and effective for diving the offending vehicle. The offending vehicle was insured at the time, therefore, the Insurance company cannot run away from its liability. Learned counsel appearing for the claimants submits that the deceased had paid the premium for the insurance, which is not paid by the Government funds, therefore, the Insurance Company cannot claim any right to deduct the same from the compensation.