Court No. - 27
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 609 of 2001 Appellant :- National Insurance Co. Ltd., Kanpur Nagar Respondent :- Smt. Chunwadi And Others Counsel for Appellant :- S.K. Mehrotra Hon'ble Dr. Kaushal Jayendra Thaker,J. Heard.
This appeal has been preferred against the judgment and award dated 26.7.2001 passed by IV Additional District Judge/Motor Accident Claims Tribunal, Banda (hereinafter referred to as 'Tribunal'). The Tribunal has mulcted the liability on the Insurance Company and directed it to pay a sum of Rs.61,000/- with interest at the rate of 9% to the claimants.
The main challenge is to the finding of facts that the driver of the bus was authorized to drive the vehicle under the provision of HGV (PE) and, therefore, it was a breach of policy condition.
It is further submitted that the compensation awarded is on the higher side.
The question that the driver of the bus was authorized to drive the vehicle under the provision of HGV (PE) is now covered by the decision in Mukund Dewangan Vs. Oriental Insurance Company Limited, A.I.R. 2017 (SC) 3668 and Sant Lal Vs. Rajesh and Others, Etc., 2017 (3) R.C.R. (Civil) 757. Hence, this submission of learned counsel for the appellant lacks merit and is dismissed.
The submission of the counsel for the appellant that compensation awarded is on the higher side is also devoid of merits hence rejected in view of the decision of the Apex Court in National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050 and Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121 In that view of the matter, the appeal fails and is dismissed.
Order Date :- 26.2.2018/DKS
Court No. - 27
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 609 of 2001 Appellant :- National Insurance Co. Ltd., Kanpur Nagar Respondent :- Smt. Chunwadi And Others Counsel for Appellant :- M.S.Haq
Hon'ble Dr. Kaushal Jayendra Thaker,J.
(Ref: C.M. Delay Condonation Application)
1. Heard.
2. This is an application seeking condonation of delay in filing the appeal. The delay as calculated by the Office is of 11 days.
3. Delay being minimal and being well explained, is hereby condoned.
4. This application, accordingly, stands allowed.
Order Date :- 26.2.2018 DKS