LAWS(HPH)-2016-6-204

ORIENTAL INSURANCE COMPANY Vs. NEELMA DEVI & OTHERS

Decided On June 17, 2016
ORIENTAL INSURANCE COMPANY Appellant
V/S
Neelma Devi And Others Respondents

JUDGEMENT

(1.) This appeal is directed against the award, dated 7th May, 2009, passed by the Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, H.P., (for short, "the Tribunal") in M.A.C. No.91 of 2006, titled Neelma Devi & others vs. Sukh Dev Kaushal & others, whereby a sum of Rs.5,20,000/- alongwith interest at the rate of 9% per annum came to be awarded as compensation in favour of the claimants and the insurer came to be saddled with the liability (for short the "impugned award").

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

(3.) Learned counsel for the appellant argued that the Tribunal has wrongly saddled the insurer with liability for the reason that the driver of the offending vehicle was not having a valid and effective driving licence at the time of accident and the insuredowner has committed willful breach. The argument, though attractive, is devoid of any force for the reasons enumerated hereinbelow.