ORIENTAL INSURANCE COMPANY Vs. RAJ RANI

JUDGEMENT

(1.) Challenge in this appeal is to the award dated 16th October, 2008, passed by the Motor Accident Claims Tribunal (II), Shimla, Camp at Rohru (hereinafter referred to as "the Tribunal") in M.A.C. Petition No. 9-R/2 of 2006, whereby compensation to the tune of Rs. 3,66,800/- with interest at the rate of 8% per annum, from the date of filing of the claim petition till its realization, came to be awarded in favour of the claimants-respondents No. 1 to 5, herein and the insurer-appellant herein was saddled with liability (for short, the "impugned award").

(2.) The claimants, insured-owner and driver have not questioned the impugned award, on any count. Thus, it has attained finality, so far as it relates to them.

(3.) The insurer has questioned the impugned award on two grounds (i) the driver was not having a valid and effective driving licence at the time of accident and (ii) the owner has committed wilful breach by plying the offending vehicle without route permit.