NISHA GUPTA, J. - (1.) This Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 21.5.2005 passed by the Judge, Motor Accident Claims Tribunal, Jhalawar in claim case no.47/2002 whereby a sum of 5,25,000/- has been awarded as compensation.
(2.) The brief facts giving rise to this appeal are that claimant filed a claim petition for accidental death of his son Lokesh Pancholi which occurred on 13.02.2002 at about 8.30 PM. The offending vehicle bearing registration No. RJ 17-P- 0017 being driven rashly and negligently by its driver hit Lokesh Pancholi. He sustained grievous injuries and died on the spot.
(3.) The contention of the Insurance Company is that court below has wrongly fastened liability on insurance company as the driver was not having valid and effective license on the date of accident and it was driven without any valid permit. Hence there was a breach of condition of insurance policy and insurance company cannot be held liable. His further contention is that penal interest has been awarded against the settled proposition of law and multiplier has been applied on the basis of age of the deceased. Hence, the insurance company be absolved from the liability and in alternate, the amount of compensation should be reduced accordingly.;