NEW INDIA ASSURANCE COMPANY LTD Vs. MOSTT KUSUM DEVI : ANIL RAM : CHANDRAWATI DEVI : BIMALI DEVI : SUDHA DEVI : BINDA DEVI : RAM ISHWAR SINGH : ASHOK MAHTO

JUDGEMENT

(1.) This appeal has been filed by the appellant Insurance Company as against the judgment and award dated 8th January, 2002 passed in Claim Case No. 73 of 1992 by 10th Addl. Distt. Judge-Cum-M.A.C.T., Patna whereby and whereunder the Tribunal has awarded compensation to the claimant respondents and has directed the appellant Insurance Company to pay the same to the claimant no.1

(2.) Learned Counsel for the appellant submitted that the impugned judgment and award is bad for the reason that the driver was not made a party, the vehicle was not driven rashly and negligently and that unreasonable and excessive amount has been sought for by way of compensation and that the driver did not have any valid driving licence for driving heavy vehicles and did not possess route permit.

(3.) Learned Counsel appearing for the claimant respondents on the other hand submitted that since no permission under Sec. 170 of the Act has been taken by the Insurance Company, except the defence of absence of driving licence, no other defence can be taken in appeal by the appellant and as regards absence of valid driving licence no evidence has been adduced by the Insurance Company to prove that the owner was negligent and that the driver had no valid licence.