ORIENTAL INSURANCE COMPANY Vs. SMT. ACHARI DEVI

JUDGEMENT

(1.) Since both these appeals are outcome of common award, the same are clubbed and being disposed of by this common judgment.

(2.) Subject matter of both these appeals is award, dated 30th March, 2011, made by the Motor Accident Claims Tribunal, Shimla (for short "the Tribunal") in M.A.C. Petition No. 33-S/2 of 2008, titled as Smt. Achari Devi and others v. Smt. Savatri Devi and others, whereby compensation to the tune of L 3,02,400/with interest @ 8% per annum from the date of institution of the claim petition till its realization and costs assessed at L 5,000/came to be awarded in favour of the claimants and the insurer was saddled with liability (for short "the impugned award").

(3.) The insurer has called in question the impugned award by the medium of FAO No. 249 of 2011 on the ground that the Tribunal has fallen in an error in saddling it with liability as the owner/insured-cum-driver of the offending vehicle was not having a valid and effective driving licence at the time of the accident.