UNITED INDIA INSURANCE COMPANY LIMITED Vs. SHAHZADA

JUDGEMENT

(1.) The Appellant-Insurance Company has preferred this appeal against the award dated 18th of December, 2009 passed by the learned Motor Accident Claims Tribunal, Srinagar in a claim Petition bearing No. 50/2006 titled 'Mrs. Shahzada and Ors. v. United Insurance Company and Ors.', whereby the claimants/ Respondents 1 to 4 herein were granted an amount of Rs.9,30,000.00 + 25,000/- with 6 % interest, inclusive of interim relief, from the date of presentation of the claim Petition till final realization.

(2.) The impugned award has been assailed by the Appellant-

(3.) Learned Counsel for the Appellant has restricted his arguments mainly to the two points; first, that the quantum of compensation was exorbitant and, second, that the driving license of the driver was not valid and effective as on the date of accident to drive the offending vehicle (Tipper), as such, the owner of the vehicle for breach of contract of insurance was not entitled to be indemnified by the Appellant-Insurer, therefore, the Appellant-Insurance Company should not have been directed to indemnify the liability of the owner of the vehicle for breach of the contract of insurance.