2014 Supreme(Raj) 1730
PRASHANT KUMAR AGARWAL
Oriental Insurance Co. Ltd. – Appellant
Versus
Parmanand – Respondent
Advocates:
For the Appellant/Insurance Company:Tripurari Sharma, Advocate.
For the Respondent: None Present.
JUDGMENT
1. - Disputing its liability to make payment of the amount of compensation as awarded by the learned Tribunal on the ground that admittedly the driver of the offending vehicle was not having a valid and effective driving licence at the time of the accident, the appellant-Insurance Company has filed this Civil Misc. Appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter to be referred as "the Act") against the judgment and award dated 12.8.1997 passed by the Motor Accident Claims Tribunal (District Judge) Kota in Motor Accident Claim Case No. 275/1993. The learned Tribunal has awarded Rs. 75,000/- alongwith interest @ 12% per annum as compensation to the respondent-claimants on account of death of Shri Jagdish, aged eight years, who was son of the claimants.
2. Brief relevant facts for the disposal of this appeal are that the claimant-respondents No. 1 and 2, who are parents of deceased-Shri Jagdish, filed a claim petition under Section 166 of the Act on 24.2.1993 before the learned Tribunal with the averment that on 14.12.1992 at about 11.00 a.m. when deceased-Shri Jagdish alongwith his mother (the claimant-respondent-Smt. Janki Bai) was going on foot, a vehic
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