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2004 Supreme(UK) 213

B.S.VERMA, P.C.VERMA
National Insurance Co. Ltd. – Appellant
Versus
Vijendra Singh – Respondent


JUDGMENT

This appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988, (in short the Act) against the judgment and Award dated 6-5-2002 passed in M.A.C. Case No.2 of 2000. Vijendra Singh & others Vs. National Insurance Co. Ltd. & another, by Motor Accident Claims Tribunal Chamoli (in short the Tribunal), whereby the learned Tribunal has allowed the claim petition and has awarded Rs. 4,75,000/- as compensation along with interest @ 6% per annum, as mentioned in the impugned order, in favour of the claimant-respondents against the O.P. No. 1-appeliant under Section 166 of the Act. Aggrieved, the Insurance Company-appellant has come up in appeal for setting aside the impugned judgment and award passed by the learned Tribunal mainly on the ground that the driver of the vehicle Involved in the accident was not holding a driving licence and that the quantum of compensation is excessive and the Tribunal has failed to appreciate the evidence on record.

2. Brief facts of the case are that Head Const. Mal Dei sustained grievous injuries and died in a motor accident on 21-11-1999 involving Jeep No. UGA-7429, due to rash and negligent driving by the driver of the said Jeep.






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