NITAI KUMAR PAUL Vs. TAPAS HALDAR

JUDGEMENT

(1.) Since these two appeals one by Insurance Company (M.A. No. 32 of 2009) and another by claimants (MA No. 18 of 2009) have been filed against the same judgment and award, these appeals have been heard together and are being disposed of by this common order.

(2.) The facts of the case lie in a narrow compass:

(3.) Mr. G.C. Jha, learned Counsel appearing for the Insurance Company assailed the impugned award mainly on the ground that at the relevant time of accident the vehicle was being driven by Rupna Haldar, who was not holding a valid driving licence. Learned Counsel further submitted that on the basis of F.I.R a criminal case was instituted against Rupna Haldar. However, on question, Mr Jha submitted that in the Criminal case instituted against Rupna Haldar, Sapna Haldar appeared and she claims herself to be Rupna Haldar @ Sapna Haldar Wife of Tapas Haldar.