1. In claim petition No.32/2000, the MACT (District Judge Pulwama) has by order dated 8.8.2002 awarded compensation in the sum of Rs. 4,00,000/- to the claimant parents of one Sheeraz Ahmed Wani with 6% simple interest from the date of filing of the petition (5.3.2000)

till realization. This award is impugned in this appeal by National Insurance Co.

2. The counsel for the appellant Insurance Co. has made two fold submission. First that the award is on higher side and second that the owner and driver of the vehicle are to be saddled with liability to pay the award amount as the driver (respondent no. 1) is found by the Tribunal driving the offending vehicle on the material date without driving licence. Counsel for the claimant in reply has defended the award on the ground that the compensation has been awarded in terms of law as assessed on evidence on record. It is conceded that driver respondent no. 1 is without a valid license. But even so the counsel contends that this amount is to be paid by the Insurance Co. and the amount can be recovered by the Insurance Company from the owner (Respondent No.2).

3. It is not in dispute that the Sheeraz Ahmed Wani who died as a result of fatal i

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