(1.) The 2nd respondent-insurance company, in the claim petition, filed this appeal having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Kurnool, (for short, 'Tribunal') in M.V.O.P.No.653 of 2008 dated 01.07.2011, awarding compensation of Rs.25,000/-(Rupees Twenty five thousand only) with interest at 9% per annum as against the claim of the claimant of Rs.1,00,000/-(Rupees one lakh only), in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act').
(2.) Heard Sri T.Mahender Rao, the learned standing counsel for the appellant-insurance company. The respondent No.1 unserved and the respondent No.2 served but not appeared and thus taken as heard to decide on merits. Perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.
(3.) The contentions in the grounds of appeal as well as oral submissions by the appellant-insurance company in nutshell are that the Judgment and decree of the Tribunal is contrary to law, weight of evidence and probabilities of the case and ought to have dismissed the claim petition contending that the Tribunal gravely erred in observing that the insurer failed to prove as required by law the factum of the driver in not possessed valid driving licence despite the fact remains from Ex.B-3 notice issued to the 1st respondent owner to produce driving licence of the driver and R.Ws 1 to 3 who spoke in proof of the fact that Ex.B-2 driving licence extract issued to the driver of the crime auto clearly discloses that the driver of the crime vehicle was not authorized to drive the insured auto which is a commercial vehicle which is more than enough in discharging the burden on the part of the insurer and once the driver not possessed effective driving licence, the insurer cannot fasten any liability as per the expressions National Insurance Co. Ltd. V. Kanti Devi & others,2005 ACJ 1544, National Insurance Co. Ltd V. Kusum Rai & others, 2006 ACJ 1336, Oriental Insurance Co. Ltd. V. Syed Ibrahim & others, 2007 ACJ 2816, National Insurance Co. Ltd. V. Prabhu Lal, 2008 ACJ 627, New India Assurance Co. Ltd. V. Roshanben R Fakir & another, 2008 ACJ 2161, Oriental Insurance Co. Ltd. V. Angad Kol and others, 2009 ACJ 1411 and that the quantum of compensation awarded by the Tribunal is also on high side, hence to set aside the award of the Tribunal and also so far as fixing the liability by exonerating the insurer.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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