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ANIL KUMAR CHOUDHARY
Oriental Insurance Company Ltd. – Appellant
Versus
Hari Charan Banra S/o Late Chhota Manu Banra – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This miscellaneous appeal is directed against the judgment and award dated 30.11.2007 passed by the Additional District Judge-II-cum-Motor Vehicles Accident Claims Tribunal, Chaibasa in Compensation Case No. 52 of 2005 by which the learned Tribunal under Section 166 of Motor Vehicle Act has awarded a compensation of Rs. 3,16,500/- to the claimants and directed the opposite party no. 1-Oriental Insurance Company Limited to pay Rs. 2,66,500/- plus interest on the same amount with the rate of interest at the rate of 6% from the date of filing of the petition as Rs. 50,000/- was earlier paid by the opposite party no. 1-Oriental Insurance Company under Section 140 of Motor Vehicle Act.
3. The brief facts of the case is that on 12.04.2005 when the deceased Vishnu Banra was going by his bicycle, he was dashed by the offending truck being rashly and negligently driven and Vishnu Banra succumbed to the injuries sustained in the accident, at the spot itself.
4. The truck was insured by the opposite party no. 1-appellant/Oriental Insurance Company Limited. The Oriental Insurance Company Limited inter alia took the plea that the driver-Sa
The validity of the driver's license and the established method of computing compensation under Section 166 of the Motor Vehicle Act were central to the judgment.
The insurer's liability under the Motor Vehicles Act is contingent upon proving that the driver was unlicensed and that the vehicle owner was aware of this fact; mere allegations of a fake license do....
The court emphasized the validity of the driver's license and the reasonableness of the compensation awarded by the Tribunal.
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