JUDGEMENT
Viney Mittal, J. -
(1.) This order shall dispose of two appeals being F.A.O. Nos.
3251 and 3243 of 1996. Both the aforesaid appeals have been filed by National
Insurance Co. Ltd. and have arisen out of
a common award dated 1.10.1996 passed
by the Motor Accidents Claims Tribunal,
Jind (for short, 'the Tribunal').
(2.) An accident occurred on 20.5.1993.
Hawa Singh and Bhateri along with several
other passengers were travelling in a minibus.
It was claimed that Dharamvir was
driving the aforesaid minibus carelessly and
negligently. On account of the aforesaid
rashness and carelessness, an accident occurred.
Hawa Singh and Bhateri along with
other passengers sustained injuries. Both
the aforesaid claimants claimed compensation
on account of the said injuries by filing
the claim petitions before the Tribunal.
(3.) The learned Tribunal, on the basis of
evidence available on the record, found it is
a fact that the driver of the offending
0vehicle was rash and negligent in his driving.
The learned Tribunal further found that
although licence which was issued to the
driver of the vehicle was originally fake but
it had been renewed repeatedly and, therefore,
had acquired validity. Consequently,
the insurance company was also, held liable
to pay the amount of compensation. The
amount of compensation was assessed. The
claimant Hawa Singh was held entitled to
Rs. 1,10,000 and the claimant Bhateri was
held entitled to Rs. 35,000 as compensation.
Both were held entitled to the compensation,
as aforesaid, along with interest at the
rate of 12 per cent per annum.;
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