Mansoor Ahmad Mir, Chief Justice (oral)

Subject matter of this appeal is the award dated 4th June, 2010, passed by the Motor Accident Claims Tribunal Chamba, Division Chamba (Himachal Pradesh) (hereinafter referred to as ‘the Tribunal’), in M.A.C. Petition No. 20/2008, titled as Smt. Misso Devi & another versus Shri Bhagi & others, whereby compensation to the tune of Rs.5,58,400/- with interest @ 12% per annum from the date of filing of the claim petition till its realization came to be awarded in favour of the claimants and the insurer was saddled with liability (hereinafter referred to as ‘the impugned award’).

2. The claimants, driver and owner have not questioned the impugned award, on any count. Thus, it has attained finality, so far it relates to them.

3. The insurer has questioned the impugned award on the grounds taken in the memo of appeal.

4. Thus, only following three questions are to be determined in this appeal:

1. The driver was not having a valid and effective driving licence at the time of accident;

2. The alleged driver was not driving the offending vehicle at the time of accident; and

3. The compensation amount awarded is excessive.

5. In order to return finding