NEW INDIA ASSURANCE CO. LTD. Vs. KAUSHAL SHARMA

JUDGEMENT

(1.) Vide this order above mentioned appeal as well as cross objections would be disposed of.

(2.) Learned counsel for the Insurance Company has submitted that the Insurance Company was not liable to indemnify the insured as the driver of the offending vehicle was not holding a valid driving licence, at the time of accident. The amount of compensation granted by the Tribunal to the claimants was on a higher side.

(3.) Learned counsel for the claimants/cross-objectors has submitted that amount of compensation granted by the Tribunal was liable to be enhanced. Insurance Company was liable to indemnify the insured as the driver of the offending vehicle was holding a valid driving licence at the time of accident. In support of his arguments, learned counsel has placed reliance on the decision of the Hon'ble Supreme Court in (2017) 14 Supreme Court Cases 663 in case of Mukund Dewangan Versus Oriental Insurance Company Limited, decided on July 3, 2017, wherein it was held as under:-