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2014 Supreme(P&H) 1636

K.KANNAN
NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
JAGWINDER KAUR – Respondent


Advocates Appeared:
For the Appellant :L.M. Suri, Senior Advocate and Neeraj Khanna, Advocate.
For the Respondent:I.S. Brar, H.S. Sawhney, Senior Advocate and B.S. Giri, Advocate.

JUDGMENT :

K. Kannan, J.

Both the appeals arise out of the same accident involving the death of 19 years old boy said to be travelling atop a bus. The Tribunal has assessed a compensation of Rs. 1,40,000/- at the instance of the mother. The deceased was said to be an agriculturist earning Rs. 2100/- and the Tribunal adopted a differential multiplier assuming that the contribution to the family must be high for a few years upto the date when he would be married and reduced the loss of dependence to a lesser amount and applied a multiplier for the remaining number of years. The insurance company in appeal in FAO No. 1064 of 2000 has a contention to make that the driver did not have a driving licence and therefore, the Tribunal could not have fastened the liability on the insurer without providing for a right of recovery against the owner and the driver. The counsel would point out to me the evidence of Balraj Kaur, RW 2, who was said to have made a verification to state that the driving licence had not been issued. However, she had not herself brought the original register. Yet another witness, who had been examined was RW 3 stated that one Harwinder Kaur had made an endorsement that t


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