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2022 Supreme(Gau) 749

Divisional Manager, National Insurance Co. Ltd. – Appellant
Versus
K. Thrungso, S/o. Kiutong – Respondent


Advocates Appeared:
For the Appellant : Moajungla.
For the Respondents: Limawapang.

JUDGMENT :

Devashis Baruah, J.

1. Heard Ms. Moajungla, learned counsel for the appellant as well as Mr. Limawapang, learned counsel appearing on behalf of respondent No. 1. Mr. Meyiwabang Ao, learned counsel appears for respondent No. 2.

This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the impugned judgment and award dated 04.05.2020, passed by the learned Motor Accident Claims Tribunal, Dimapur, Nagaland in MAC Case No. 151/2016, whereby an amount of Rs.12,79,600/- was adjudged as the just and fair compensation in terms of Section 168 of the Motor Vehicles Act, 1988 (herein after, in short "the Act").

2. The grounds of objection in the instant appeal are two-fold: First that the driver in question did not have a valid Driving License to drive the HMV transport vehicle and as such, the insurance company, i.e. the appellant is not liable to be saddled with the liability as has been done by the impugned award. The second ground of objection is the compensation so awarded cannot be a just and fair compensation within the meaning of Section 168 of the Act as

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