NATIONAL INSURANCE COMPANY LIMITED Vs. KIRAN DEVI

JUDGEMENT

(1.) The aforesaid two appeals have arisen from a judgment and award dtd. 3/5/2019 passed by Motor Accident Claims Tribunal (Additional District and Sessions Judge), Khetri, District Jhunjhunu (for short 'the Tribunal') in M.A.C. No.17/2011 titled as Mst. Kiran Devi and Ors. Vs. Shri Ram Singh and Anr., whereby Tribunal while allowing the claim petition, awarded a sum of Rs.4,78,000.00 as a compensation in favour of the claimants. CMA No.4604/2019 has filed by the Insurance Company on various grounds whereas CMA No.4601/2019 has been filed by the claimants for enhancement of quantum.

(2.) Learned counsel for the Insurance Company submits that the Tribunal wrongly awarded compensation of Rs.4,78,000.00 in favour of the claimants. Learned counsel for the Insurance Company also submits that driver of the offending vehicle did not have any valid license, fitness certificate and valid permit of the bus. Learned counsel for the Insurance Company also submits that the Tribunal wrongly came to the conclusion that the judgment of Hon'ble Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited (Civil Petition No.32828/2010) is applicable in this case. Learned counsel for the Insurance Company also submits that the said judgment is applicable when a person who is having a license to drive light motor vehicle and he can drive light transport vehicle and the unladen weight of which is not more than 7500 kg. In present claim petition, alleged vehicle is passenger bus having weight of 14860 kg. So, judgment relied upon by the Tribunal is not applicable. Learned counsel for the Insurance Company also submits that offending vehicle had no valid permit. So, finding of the Tribunal be set aside.

(3.) Learned counsel for the Insurance company has placed reliance upon the judgment of Hon'ble Apex Court in National Insurance Co. Ltd. Vs. Challa Bharathamma and Ors. reported in (2004) 8 SCC 517.