NATIONAL INSURANCE COMPANY LIMITED Vs. SAYYED NAJMA

JUDGEMENT

(1.) AT the request of learned counsel for the parties, both the appeals are finally heard.

(2.) THESE appeals are directed against the judgment and award dated 31.07.2013 passed by Motor Accident Claims Tribunal (First), Jodhpur ('the Tribunal'), whereby, for the death of one Sayyed Istiyak Ahmed, the Tribunal has awarded a sum of Rs.5,57,088/ - as compensation alongwith interest @ 8.5% per annum from the date of filing application for compensation ('the application') i.e. 10.06.2009.

(3.) A reply to the application was filed by the owner and driver of the vehicle, whereby, the averments contained in the application were denied and it was claimed that the vehicle was insured with the Insurance Company. The Insurance Company also filed its reply, admitted insurance of the vehicle for the period 14.09.2008 to 13.09.2009 and took a plea that as driver was not in possession of valid and effective driving licence, the application was liable to rejected qua the appellant. The Tribunal framed two issues, on behalf of the claimants, three witnesses were examined and seven documents were exhibited. On behalf of the Insurance Company Virendra Mathur and Mehrudeen were examined and documents (Exhibit ­ A/1 to A/4) were exhibited.