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Judgment
Ramalingam Sudhakar, J.—These appeals are of the year 2007.
It is a case of injury. None appears for the respondents.
These two appeals by the Appellant-Insurance Company thereby challenging the quantum of compensation granted in the case of injury. In the
first case, Rs.25,000/- has been granted and in the other Rs.50,000/- has been granted to the claimants and both were riding on a Scooter. They
suffered injury in the accident near Bharat Small Arms, Kathua on National High Way on 2.4.1992 when their Scooter was hit by offending Bus
bearing registration No. JK02A-9835 driven rashly and negligently by its driver.
Considering the meager compensation granted, the date of accident and the age of the injured claimant, the compensation is not excessive and it
does not warrant reduction.
On the question of no licence, the Tribunal held that the driver was not having the valid driving licence, the Insurance Company is not liable to
pay the compensation and should have been recovered from the owner of the vehicle, which the Tribunal failed to do so.
To that extent, the appeals are allowed giving liberty to recover the amount from the owner of the vehicle. Insofar as quantum of compensation
is concerned, it stands confirmed.
The appeals stand disposed in terms as above.
