BIMLA DEVI Vs. RAM PHAL & OTHERSPUNLR

JUDGEMENT

(1.) C M No.10826-CII of 2016 in FAO No.1188 of 1997

(2.) Fao No.1190 of 1997 & connected matters This order of mine shall dispose of four matters, i.e., FAO Nos.1190, 1359 and 1188 of 1997 and Civil Revision No.3421 of 1997 as the common questions of law and facts are involved.

(3.) Fao Nos.1190 of 1997 and 1188 of 1997 have been filed by the claimants for seeking enhancement of compensation, whereas FAO No.1359 of 1997 and Civil Revision No.3421 of 1997 are at the instance of the National Insurance Company Limited challenging the compensation awarded to the claimants vis-a-vis the injuries and damage to the Scooter. I would be taking the appeal preferred by the Insurance Company, whereby award of the Motor Accident Claims Tribunal (for short "Tribunal") has been challenged on the ground that the driver of the truck did not have the effective and valid licence on the date of the accident, which had taken place on 4.6.1994.