SHRIRAM GENERAL INSURANCE COMPANY Vs. NIRMALA DEVI

JUDGEMENT

(1.) Learned Motor Accident Claims Tribunal awarded Rs.12,12,400.00 to the claimants alongwith 9% interest per annum from the date of filing of petition till its deposit. Liability to pay the compensation was fastened on the appellant, being insurer and indemnifier of respondent No.5-the registered owner of the vehicle. The insurer has taken exception to the award in the instant appeal. Though many grounds have been taken in the memo of appeal, but during hearing, learned counsel confined his submissions only on following three points for challenging the impugned award:-

(2.) Driving License Learned counsel for the appellant/insurer argued that driving license of the driver was fake. The deposition of Aman Deep Sharma (RW-1) proved fakeness of the driving license. He had stated having checked the status of the driving license on the website of concerned Registering and Licensing Authority. The downloaded copy of the documents Ext. RW1/D and endorsement made thereon as RW1/E prove the assertion of the appellant that driving license Ext. R-1 was fake.

(3.) Gratuitous passenger 3(a). Learned counsel for the appellant next contended that the deceased was travelling as a gratuitous passenger in a goods vehicle. He was travelling unauthorizedly in violation of terms of Insurance Policy. Appellant-insurance company is, therefore, not liable to pay any compensation to the claimants.