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2013 Supreme(Del) 2368

SURESH KAIT
National Insurance Co. Ltd. – Appellant
Versus
Suresh Chand – Respondent


Advocates:
Represented by:Ms.Manjusha Wadhwa, Advocate.
Represented by: Mr. Radhey Shyam Singh, Adv. For R1 , 2.

JUDGMENT :

Suresh Kait, J.

1. The present appeal has been preferred by the appellant/Insurance Company by assailing the impugned order dated 24.08.2011, whereby the learned Tribunal has granted a compensation for a sum of Rs.3,75,000/- with interest @ 7.5% per annum from the date of filing of the petition till the date of realization of the amount in favour of the claimants.

2. In the present appeal, the appellant seeks exoneration from any liability for the reason that the driver of the offending vehicle was not having a valid driving licence on 07.10.2005, i.e., the date of accident.

3. Ld. Counsel appearing on behalf of the appellant submits that when there is no valid driving licence in that eventuality the Ld. Tribunal ought to exonerate the appellant from any liability whereas the Ld. Tribunal has failed to do so in the present case.

4. The facts of the case are that on 07.10.2005 at about 6.30 pm, the deceased was going from Mandir towards her house, all of a sudden a scooty bearing no. DL-3SAR-4885 being driven by respondent no.1 rashly and negligently at a high speed hit the female child. Due to the impact, she received multiple injuries and died on 13.10.2005.

5. Ld. Counsel fu


























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