NARESH KUMAR Vs. MAJIDAN

JUDGEMENT

(1.) This appeal is filed by the owner-Naresh Kumar challenging the impugned award dated 27.04.1999 by which the appellant-owner and driver were held liable jointly and severally to pay the amount of compensation, absolving the Insurance Company to pay the compensation. Learned counsel for the appellant-owner argued that the appellant-Naresh Kumar is owner of the offending truck No. HNG-4353. The learned Tribunal has legally and factually committed grave error in fastening liability to pay the compensation upon the present appellant owner and the driver. He further argued that the compensation awarded is on the higher side.

(2.) On the other hand, the learned counsel for the Insurance Company argued that the licence of the driver was found to be fake and the Insurance Company has been rightly absolved of its responsibility to pay the compensation.

(3.) This Court has heard the arguments of the learned counsel for the parties and perused the record carefully.