NEW INDIA ASSURANCE COMPANY Vs. ANIL PRAKASH NAIK
LAWS(ALL)-2002-12-184
HIGH COURT OF ALLAHABAD
Decided on December 11,2002

NEW INDIA ASSURANCE COMPANY Appellant
VERSUS
Anil Prakash Naik Respondents

JUDGEMENT

M.P.SINGH, J. - (1.) HEARD the learned Counsel for the insurer-appellant. The insurer-appellant feels aggrieved by the award of an amount of Rs. 7,72,500/'- as compensation to the claimants on account of the untimely death of Navneet Naik, son of the claimants, aged about 20 years in an accident involving the offending motor vehicle, a tanker bearing registration No. M.P. 23 DA/1239.
(2.) THE learned Counsel for the insurer-appellant has urged that taking into consideration the age of the deceased, the amount of compensation awarded by the Tribunal is excessive. In this connection, suffice it to say that there is nothing to indicate that the insurer-appellant had obtained the requisite permission envisaged under Section 170 of the Motor Vehicles Act and in that view of the matter, it can only raise the statutory defences available to it under the provisions of the aforesaid Act.
(3.) IT has next been contended by the learned Counsel for the appellant that there was a breach of terms and conditions subject to which the insurance policy had been issued covering the risk. The contention is that the offending motor vehicle was being driven by a driver who had no valid licence.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.