NEW INDIA ASSURANCE CO. LTD. Vs. RAJ KUMAR

JUDGEMENT

(1.) These appeals are filed by the Insurance Company challenging the Award primarily questioning the liability fixed at the appellant-Insurance Company despite a specific plea taken by the Insurance Company before the Tribunal that the driver of the offending vehicle-bus owned by 3rd respondent-Vijay Kumar was allowed to be driven by the driver holding a fake license.

(2.) Accident in this case happened on 28-1-2006. The ill fated bus bearing registration No. JK02D/7381, insured with the appellant, was being driven by its driver in a rash and negligent manner which met with an accident. Many persons were injured and some of them died. Number of claim petitions are filed before the Tribunal by the passengers of the vehicle seeking compensation.

(3.) Sh. Rupinder Singh, learned counsel appearing for the appellant-Insurance Company pleads that in all the cases, the Tribunal granted different amounts as compensation with interest @ 6% per annum. In all the present appeals, the quantum of compensation is not seriously disputed and, therefore, award insofar as the quantum of compensation is concerned, same stands confirmed. Claimants are entitled to withdraw the amount of compensation, if not already withdrawn.