JUDGMENT :

AMAN CHAUDHARY, J.

1. Challenge in the appeal, filed by the Insurance Company is to the award dated 02.12.1993 passed by the Motor Accident Claims Tribunal, Patiala (for short ‘the Tribunal’) vide which Insurance Company was held liable to pay compensation to the claimants. Cross-objectors/claimants have also filed cross-objections seeking enhancement of the compensation awarded to them.

2. This is a reconstructed case, as the original file was burnt in the fire that broke out in the concerned branch in the year 2011. Since the case is pending for more than 31 years, the counsel for the parties have no objection, if the same is decided on the basis of the available record.

3. Learned counsel for the appellant contends that the Tribunal has committed an error to hold the Insurance Company liable to make the payment of the compensation awarded, despite the fact that the driver of the maruti van was not holding a valid driving licence, as per the verification report of Surveyor. He further submits that the award is already excessive, thus he prays for dismissal of the cross-objection of the claimants.

4. Learned counsel for the cross-objectors submits that the deceased, 30 years