LAWS(J&K)-2022-2-45

ORIENTAL INSURANCE CO. LTD. Vs. NARINDER KUMAR

Decided On February 18, 2022
ORIENTAL INSURANCE CO. LTD. Appellant
V/S
NARINDER KUMAR Respondents

JUDGEMENT

(1.) This appeal arises out of award dtd. 23/11/2009 passed by the Presiding Officer, Motor Accidents Claim Tribunal, Rajouri (hereinafter to be referred as the Tribunal) in file No. 95, titled, Narinder Kumar Vs. Rakesh Kumar and another by virtue of which, a sum of Rs.2,90,800.00 along with the interest at the rate of 7.5% per annum from the date of filing of the claim petition, till its realisation has been awarded as compensation to the respondent No. 1/claimant, who had suffered injuries in a motor vehicular accident on 13/6/2002.

(2.) The appellant-Insurance Company has impugned the award on the ground that the offending vehicle was being driven by the driver, who was not holding valid driving licence at all and quantum of compensation is excessive.

(3.) Mr. D. S. Chauhan, learned counsel appearing on behalf of appellant vehemently argued that the Company has been saddled with the responsibility to satisfy the award despite the fact that the driver of the vehicle was not having a valid driving licence. He has restricted his argument only to the issue with regard to validity of the license of the driver.