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SUDHIR AGARWAL, K.J.THAKER
NATIONAL INSURANCE CO. LTD. ALLAHABAD – Appellant
Versus
BABLI – Respondent


Advocates:
Counsel :
Anand Kumar Sinha for the Appellant; A.L. Jaiswal, S.S. Shukla and Sharve Singh for the Respondents.

JUDGMENT :

1. Heard learned counsel for the parties and perused the record.

2. Learned counsel for the parties requested that preparation of paper book be dispensed with and appeal be heard and decided on the basis of perusal of lower court record and record made available with appeal. Since, only two short points are involved which are basically legal in nature, hence, we proceed accordingly.

3. This appeal under Section 173 of the Motor Vehicles Act 1988 (hereinafter referred to as Act 1988) has been filed by Insurance Company-respondent no. 4 against award dated 31st October, 2000 passed by District Judge, Gautam Budh Nagar (hereinafter referred to as Tribunal) in Motor Accident Claim Petition No. 80 of 1989, awarding compensation of Rs 7,30,000/- to claimants-respondents.

4. Sri A.K. Sinha, learned counsel for appellant assails the aforesaid judgment on two grounds. Firstly, driver of Truck No. DEL 5288 did not possess a valid licence to drive heavy vehicle instead he had valid licence only for light vehicles. The learned counsel has relied on Sections 3 and 7 of Act 1988. Secondly, having regard to age of the deceased, being 41 years, in view of judgment in Sarla Verma and oth




































































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