15.07.2025
1. Through the medium of the instant appeal filed under the provisions of
Section 173 of the Motors Vehicles Act, 1988 (hereinafter referred to as
„the Act‟ for short), the appellant-National Insurance Company has
assailed the Award dated 06.02.2014 passed by the Motor Accidents
Claims Tribunal (hereinafter referred to as „MACT‟ for short), Jammu in
File No. 455/2009 titled “Naresh Kumar & Anr vs National Insurance
Company Limited & Ors” on the main grounds that the driver/respondent
No.5, namely Subash Chander of the offending vehicle stood permitted by
the Licensing Authority to drive only “Heavy Goods Vehicle” as on the
date of accident i.e 14.11.2007 and had no authority to drive the
“Passengers Commercial Vehicle”, without the necessary endorsement on
the license to the effect of driving the “Passengers Service Vehicle”; that
the learned MACT was not also justified in closing the evidence of the
appellant-company without calling the witnesses for whom the diet
expenses had been deposited and that the learned MACT has allowed the
interest on the Award amount at an excessive rate of 7.5% per annum
especially when with the change in the economy, the banks have lowered
the rate of interest on fixed deposit.
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