NATIONAL INSURANCE COMPANY LIMITED Vs. KAMAL MUKHI DEVI

JUDGEMENT

(1.) Insurance Company is in appeal against the judgment and award of compensation in Claim Case No.10 of 2003 under Sec. 166 of the Motor Vehicle Act by which liability of compensation has been fixed on the Insurance Company.

(2.) The facts are not in dispute.

(3.) The main contention of the Insurance Company is that the driver was not having valid driving license at the time of accident and the offending vehicle which was a tractor with trailer loaded with sand, was plying as a commercial vehicle without any valid permit. In support of the contention, it is submitted that the Insurance Company examined his Surveyor- Kishore Kumar Jha as opposite party witness no.1, who has proved the surveyor report as Exhibit A and Exhibit B which was issued by the D.T.O., Giridih.