NATIONAL INSURANCE CO. LTD. Vs. BHAGWATI DEVI

JUDGEMENT

(1.) By the impugned judgment and award dtd. 25/2/2003 passed in MACT Claim Case No.29/1999, the Motor Accident Claims Tribunal at Rajgarh in the District of Churu has awarded compensation of Rs.4,09,000.00 to the dependents of deceased- Madan Lal, who are respondents no.1 to 7 herein.

(2.) The Insurer of the offending bus i.e. the National Insurance Company Limited has challenged the said award on the ground that since the driver of the bus had no driving licence on the date of accident, the Tribunal has wrongly held the appellant liable to pay compensation.

(3.) Another ground mentioned in the memo of appeal is that, in the FIR of the incident, a different registration number of the bus is mentioned, therefore, the claimants had failed to prove identity of the offending bus.