NATIONAL INSURANCE CO. LTD. Vs. DHONJO ORAIN

JUDGEMENT

(1.) Insurance Company has preferred this appeal against the award of compensation passed in M.A.C. Case No.72/2013 whereby and whereunder the Tribunal awarded compensation of Rs.4,50,880.00 with interest 7% per annum from the date of institution of the case till its realization.

(2.) This appeal has been preferred by the Insurance Company mainly on three grounds. Firstly, there was breach of policy of insurance as the driver of the vehicle was not having a valid driving license. Secondly, the said vehicle being a Tempo, was a commercial vehicle and was being used for hire or reward and was being plied without any valid permit. Thirdly, as per the evidence, there was overloading in the said Tempo as the witnesses have stated that there were 15 20 passengers in the said vehicle which met with an accident whereas as per the registration book of the Tempo (Exhibit 7), only four persons were permitted to travel in the said vehicle.

(3.) Learned counsel on behalf of the owner of the vehicle (respondent no.7) argued that there is a definite finding of the Tribunal that the driver was having a valid driving license which had been adduced into evidence and marked as Exhibit 8. The driving license was issued on 3/8/2015 in the name of Gyan Sahu and was valid from 14/2/2008 till 13/2/2028 and the accident took place on 2/5/2013 therefore, the plea that the driver was not having valid driving license, is not factually correct.