NATIONAL INSURANCE COMPANY LTD. Vs. WALI BAI

JUDGEMENT

(1.) Since both the appeals have arisen out of the same judgment and award dtd. 1/3/2008, hence they are being decided by this common order.

(2.) Brief facts of the appeals are that on 20/4/2006 at about 2:30 PM deceased Kumar Sahab was coming from Rehrai to Kachpura by Motor Cycle bearing No.RJ-11-M-0428. When he reached near Village Jorgarhi, a Mini Bus bearing No.RJ-14-P-8513 came rashly and negligently and hit the motorcycle due to which Kumar Sahab received injuries and he died on way to Hospital. FIR was lodged at P.S. Sarmathura, District Dholpur. After that, claimants filed a claim petition. The learned tribunal after hearing both the parties, awarded Rs.2,82,000.00 as compensation alongwith interest @ 6% per annum in favour of the claimants.

(3.) Learned counsel for the Insurance Company submits that while passing the award dtd. 1/3/2008, learned tribunal miserably failed to appreciate the material available on record because mini bus driver did not have a valid and effective driving license as he had two driving licenses in his favour which were issue to him by Licensing Authority: one from Dholpur and another from Madhyapradesh. Both licenses were not valid to drive a Mini Bus, which is Commercial Vehicle. Learned counsel for the Insurance Company submits that as per the circular of transport department a valid and effective license is necessary to drive the Mini Bus but the learned tribunal had ignored this fact and decided the claim in favour of the claimants. So, appeal be allowed and claim petition filed by the claimants be dismissed.