TRISHAL DEVI Vs. JAI KUMAR

JUDGEMENT

(1.) THESE appeals are directed against the award dated 29th November, 2006, passed by the Motor Accident Claims Tribunal (II), Fast Track Court, Hamirpur (for short, "the Tribunal") in MAC Petition No. 24 of 2004 RBT 51 of 2005, titled Trishla Devi & others vs. Jai Kumar & others, whereby a sum of Rs. 4,51,100/ - alongwith interest at the rate of 6% per annum came to be awarded as compensation in favour of the claimants and against the insurer (for short the "impugned award").

(2.) IN FAO No. 55 of 2007, the insurer has questioned the impugned award on the ground that the driver, namely, Jai Kumar of the offending vehicle was not having the valid and effective driving licence, the owner has committed willful breach of the terms and conditions of the insurance policy read with the mandate of Section 149 of the Motor Vehicles Act, 1988 (for short "the M.V. Act"). Thus, the Tribunal has fallen in error in saddling the insurer with liability to satisfy the award.

(3.) I have gone through the claim petition and perused the record. The Tribunal, after scanning the evidence, oral as well as documentary, rightly held the claimants are entitled to compensation to the tune of Rs. 4,51,100/ -, is just and appropriate compensation.