NATIONAL INSURANCE COMPANY LTD. Vs. SMT. AMAR KANWAR

JUDGEMENT

(1.) The appellant-National Insurance Company has filed the present appeal under Sec. 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as 'Act of 1988' for short) challenging the award dtd. 6/1/2007 passed by the learned Motor Accident Claim Tribunal (Addl. & District & Sessions Judge, Fast Track No.3), Jhunjhunu in Accident Claim Case No.308/2006 titled as Smt. Amar Kanwar & Anr. Vs. Revat Ram & Ors., whereby the learned Tribunal awarded the claim of Rs.3,73,000.00 in favour of the respondents-claimants herein.

(2.) Learned counsel for the appellant Mr. V.P. Mathur submitted that the learned Tribunal has committed a serious mistake in passing the impugned award in favour of the respondents-claimants in disregard of the fact that the driver was not having the requisite driving license and further the tractor was used for commercial purpose. Learned counsel submitted that the learned Tribunal has decided the claim petition in respect of an accident which occurred on 28/11/2025 in which one Revat Ram S/o Mohan Ram Jat died for which an FIR bearing No.227/2005 was registered for the offences under Sec. 279 read with Sec. 304A IPC.

(3.) Learned counsel submitted that the learned Tribunal for deciding the claim petition framed the following issues:-