NATIONAL INSURANCE CO LTD Vs. HEMANTI DEVI

JUDGEMENT

(1.) Heard Shri Ashok Priyadarshi, learned counsel for the appellant on Interlocutory Application i.e. I.A. No. 2350 of 2012 for condoning delay in filing the appeal. Delay of 130 days has occurred in filing the appeal.

(2.) In view of the ground set forth in the petition, delay in filing the appeal stands condoned.

(3.) The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred against the judgment dated 23.9.2010 and award dated 20.1.2011 passed by Motor Vehicle Accident Claims Tribunal-cum-6th Additional District Judge, Patna in Claim Case No. 80 of 2007. The learned Tribunal, while allowing the claim petition, has directed the insurer/appellant of offending vehicle to pay total compensation amount of Rs. 4,09,500/- alongwith interest at the rate of 6% per annum from the date of filing of claim petition to the claimants. The compensation amount includes consortium funeral expenses and loss of estate. The appeal has been primarily preferred on the ground that the driver of the offending vehicle was not having valid driving license and as such the appellant i.e. Insurance Company of the offending vehicle was not liable to pay the compensation amount, but owner/driver were liable to pay the compensation amount.