NATIONAL INSURANCE COMPANY LTD. Vs. ABHA SINHA

JUDGEMENT

(1.) THIS Letters Patent Appeal has been preferred by the appellant -National Insurance Company Limited (for short Company") against the Judgment dated 27th February, 1998, passed in Misc. Appeal No. 509 of 1991 (R)/Appeal from Original Order No. 509 of 1991 (R), whereby and whereunder, the learned Single Judge while refused to set aside the liability of compensation, entrusted upon the Insurer -Company, has modified the judgment and award of the Claims Tribunal and brought down the compensation amount from Rs. 13,16,755/ - (rupees thirteen lakhs sixteen thousand seven hundred and fifty five) to Rs. 9,00,000/ - (rupees nine lakhs).

(2.) IN Misc. Appeal, the appellant -in -surer -Company assailed the judgment and award on different grounds. Its counsel took plea that the person, driving the vehicle, had no valid driving licence and, therefore, the insurer -Company can not be held liable for payment of compensation. The next stand taken on behalf of the Company was that the amount of compensation, awarded by the Tribunal, was highly excessive and exhorbitent, against the settled principle of law of assessment of compensation.

(3.) IN the appeal, one application under Order XLI, Rule 27 of the Code of Civil Procedure was filed by the insurer -Company for accepting the copy of one page of the Insurance Certificate, as an additional evidence. However, that application was not pressed at the time of hearing of the appeal.