NATIONAL INSURANCE COMPANY LIMITED Vs. AVIPSA PATHAK

JUDGEMENT

(1.) MAC App. No.03 of 2023 and CO No.01 of 2023 are being taken up together and disposed of by this common Judgment as both variously assail the findings of the Learned Motor Accidents Claims Tribunal, District - Gyalshing (for short, 'Learned Claims Tribunal'), in the impugned Judgment and Award dtd. 16/11/2022, in MACT Case No.03 of 2020 (Ms. Avipsa Pathak and Others vs. The Branch Manager, National Insurance Company Limited and Others).

(2.) The Respondents No.1, 2 and 3 herein were the Claimants before the Learned Claims Tribunal and were granted compensation amounting to Rs.1,53,66,600.00 (Rupees one crore, fifty three lakhs, sixty six thousand and six hundred) only, along with interest @ 10% per annum on the said sum, from the date of filing of the Claim Petition, i.e., 13/10/2020, till full and final payment. It was further ordered that as there was violation of a condition of the Insurance Policy by the owner of the vehicle, Respondent No.4 herein (Opposite Party No.2 before the Learned Claims Tribunal), on account of lack of 'route permit', despite the vehicle in question being insured with the Appellant herein, (Opposite Party No.1), the Claimants were entitled to receive the amount from the Appellant, who was at liberty to recover the same from the Respondent No.4, after satisfying the claim put forth.

(3.) Hereinafter the parties shall be referred to in their order of appearance before this Court.