UNITED INDIA INSURANCE Vs. RENU DEVI

JUDGEMENT

(1.) These batch of Civil First Miscellaneous Appeals are directed against the award dated 25th November, 2011 (for short, 'impugned award') passed by the Presiding Officer of the Motor Accidents Claims Tribunal, (for short, 'MACT'), Srinagar, in claim petitions titled Smt. Hankaru Devi and another v. United India Insurance and Anr.; Smt. Renu Devi and others v. United India Insurance and Anr.; Smt. Dharam Devi and another v. United India Insurance and Anr.; Mst. Jana Begum and others v. United India Insurance and Anr.; Mr. Ragu Nath and another v. United India Insurance and Anr.; Smt. Anita Devi and others v. United India Insurance and Anr.; and Ghulam Nabi Masoodi and others v. Avtar Singh and another, whereby compensation has been awarded in favour of the claimants as per the assessment detailed in the award in each claim petition. Learned counsel for the appellant, Insurance Company, argued that the Driver was not having the effective and valid driving license, therefore, the insurer was not to be saddled with the liability as the same is not permissible under law. However, he has not questioned the adequacy of compensation. He has also not pressed into service any of the grounds urged in the memo of these appeals.

(2.) Learned counsel for the claimants in all the appeals, barring appeal bearing CIMA No. 124/2012, argued that compensation awarded is just, proper and reasonable, and that the Tribunal has passed a well reasoned award.

(3.) Mr. A.R. Bhat, learned counsel appearing for the appellant in CIMA No. 124/2012, stated that the compensation awarded is meagre and multiplier applied is not as per the schedule appended with the Motor Vehicles Act, 1988, (for short 'Act') coupled with the age of the deceased and of the claimants.