S.J.MUKHOPADHAYA, J. - (1.) THIS Letters Patent Appeal has been preferred by the appellant -National Insurance Company Limited (for short Company") against the Judgment dated 27th February, 1998, passed in Misc. Appeal No. 509 of 1991 (R)/Appeal from Original Order No. 509 of 1991 (R), whereby and whereunder, the learned Single Judge while refused to set aside the liability of compensation, entrusted upon the Insurer -Company, has modified the judgment and award of the Claims Tribunal and brought down the compensation amount from Rs. 13,16,755/ - (rupees thirteen lakhs sixteen thousand seven hundred and fifty five) to Rs. 9,00,000/ - (rupees nine lakhs). One cross -objection against the award, as was filed by the claimants - respondents, having been dismissed by the learned Single Judge, the claimants - respondents have also preferred a cross -objection under Order XLI, Rule 22 of the Code of Civil Procedure read with Section 172 of the Motor Vehicles Act, 1988. The claim for compensation has been preferred by the widow and children of Major Neeraj Sinha (since deceased), an Army Officer. It has been alleged that the deceased Major Neeraj Singh boarded on a Mini -bus bearing Registration No. BR -(L) 2223 at Koderma Railway Station in the morning of 3rd January, 1990 for coming to Hazaribagh Town. The vehicle was being driven in a very rash and negligent manner and it dashed against a roadside tree, as a result of which three occupants of the bus, including driver and the deceased, were killed. A number of other persons sustained injuries and removed to Hospital. It was brought on record that the deceased was an Army Officer, aged about 34 years and was getting salary of Rs. 5865/ - per month. The claim was contested by the opposite party -Appellant, which took defence that the amount claimed for is exhorbitent, being more than the liability of the insurer -Company. The Claims Tribunal after hearing the parties, disposed of the Misc. Claim Case No. 25 of 1990 vide judgment and award dated 31st May, 1991, held the accident caused due to rash and negligent driving of the bus, assessed the compensation and came to the conclusion that the claimants are entitled to compensation, amounting to Rs. 13,16,755/ - (rupees thirteen lakhs sixteen thousand seven hundred and fifty five).
(2.) IN Misc. Appeal, the appellant -in -surer -Company assailed the judgment and award on different grounds. Its counsel took plea that the person, driving the vehicle, had no valid driving licence and, therefore, the insurer -Company can not be held liable for payment of compensation. The next stand taken on behalf of the Company was that the amount of compensation, awarded by the Tribunal, was highly excessive and exhorbitent, against the settled principle of law of assessment of compensation. The claimants -respondents while supported the judgment and award, also pressed the cross -objection for enhancement of the compensation amount. They claimed a sum of Rs. 45,00,000/ - (forty five lakhs) by way of compensation and alleged that a very low amount has been awarded by the Claims Tribunal.
(3.) IN the appeal, one application under Order XLI, Rule 27 of the Code of Civil Procedure was filed by the insurer -Company for accepting the copy of one page of the Insurance Certificate, as an additional evidence. However, that application was not pressed at the time of hearing of the appeal.;