NATIONAL INSURANCE CO LTD Vs. BEENA AND OTHERS

JUDGEMENT

(1.) This appeal has been directed against the impugned award dated 11.05.1994, passed by learned Motor Accidents Claims Tribunal, Faridabad (for brevity 'the Tribunal') vide which the claim petition filed by the appellant was allowed, whereas, the cross-objections have been filed by respondent Nos.1 and 2/claimants for seeking enhancement of the amount of compensation awarded vide aforesaid award passed by learned Tribunal.

(2.) The learned counsel for the appellant submits that the learned Tribunal wrongly fastened the liability upon the appellant as the driver of the offending vehicle was holding a fake driving licence, which is the breach of the policy conditions.

(3.) The learned counsel for the cross-objector/respondent Nos.1 and 2 states that (1) less amount is awarded by the learned Tribunal towards loss of consortium; (2) nothing has been awarded towards loss of love and affection to the mother of the deceased, which is contrary to the law laid down in Vimal Kanwar and others Vs. Kishore Dan and others, 2013 171 PunLR 776; and (3) the learned Tribunal wrongly applied the multiplier of 16 as the age of the deceased, Nanak Chand was 22 years at the time of accident. As far as respondent No.5 is concerned, no application for bringing on record his LRs has been filed. Learned counsel for the appellant submits that respondent No.5 was proceeded against ex-parte before learned Tribunal. In these circumstances, service upon LRs of respondent No.5, is dispensed with.