GIRDHAR KANWAR Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been preferred by the injured-claimant aggrieved by the judgment and award dated 31.03.2006 passed by the Motor Accidents Claims Tribunal, Pali ('the Tribunal'), whereby, a sum of Rs.49,000/- alongwith interest @ 6% per annum has been awarded as compensation and the respondent Insurance Company has been exonerated from the liability to pay compensation.

(2.) Brief facts of the case are that the claimant filed an application for compensation with the averments that she was standing on one side of the road on 17.11.2001 at Suraj Pol, Pali when respondent No.3 Ganga Singh, who was riding a motor cycle rashly and negligently collided with her, which resulted in serious injuries to her head, neck and various parts of her body, so also, it resulted in disfigurement of her face and her working capacity was permanently reduced. It was stated that she was aged 44 years at the time of accident and by undertaking domestic work and dairy business she was earning Rs.6,000/- per month. The claimant claimed compensation of Rs.14,70,100/- under various heads.

(3.) The claim petition was resisted by the respondent No.1 Insurance Company, inter alia, stating that the driver of the motor cycle was not possessing valid and effective driving licence and, therefore, the conditions of the policy have been violated and, consequently, the Insurance Company was not liable. The claim was resisted on merits also.