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Judgment
Amitava Lala and Shishir Kumar, JJ.—It is a case of death. The quantum has been awarded as Rs. 1,79,500 alongwith interest. The learned Counsel of the insurance company has not raised any dispute with regard to the quantum but with regard to issue No. 4, whereunder it has been held by the Tribunal that insurance company has taken plea that the driver of the truck was not having valid driving licence.
They have relied upon a Division Bench judgment of this Court in National Insurance Co. Ltd. Vs. Brij Pal Singh and Another, That case is factually different from this case because of the following reasons. In that case, dispute had been raised for non-joinder of necessary parties, i.e., the owner. Driver was also not impleaded as party at all. In this case, the insurance company has taken the matter in the Tribunal very lightly when the issue was decided in negative. It has categorically held by the Tribunal that the insurance company did not lead any evidence on that score. It was expected from the insurance companies that they proceed with much care even to have the evidence of such person who is avoiding the Court.
In such circumstances, we find no reason to interfere with the appeal particularly when the awarded amount is in the lower side and there is no objection in respect of quantum. Thus, the appeal stands dismissed.
Incidentally the Appellant insurance company prayed that the statutory deposit of Rs. 25,000 made before this Court for preferring this appeal shall be remitted back to the concerned Motor Accidents Claims Tribunal as expeditiously as possible in order to adjust with the amount of compensation to be paid to the claimant, however, such prayer is allowed.
No order is passed as to costs.