NATIONAL INSURANCE COMPANY LIMITED Vs. MOSTT. GAYATRI DEVI

JUDGEMENT

(1.) Both these appeals arise out of common judgment and award of compensation in Claim Case No. 41/2012 under Sec. 166 of the M.V. Act, whereby and whereunder liability has been fixed on the Insurance Company to pay compensation of Rs.4,75,000.00 with interest @ 6% per annum and in the event of default @ 9% per annum.

(2.) The Insurance-Company is in appeal in M.A. No.621 of 2018 against the award of compensation, whereby and whereunder, liability has been fixed on it, whereas the claimants have preferred M.A. No.166 of 2021 for enhancement of compensation.

(3.) The main plank of argument advanced on behalf of the Insurance-Company is two folds. Firstly, the offending vehicle which was under its insurance cover, was a truck and was a commercial vehicle, but not a chit of paper has been filed either on behalf of the owner of the claimant that it was plying under a valid permit. Secondly, it is argued that a driving licence has been adduced into evidence and marked as Ext.-X/3 for identification and from its bare perusal, it will be evident that the driving licence was valid up to 1912 and 1996, whereas accident took place on 12/10/2011.