NATIONAL INSURANCE CO. LTD. Vs. JAFFER

JUDGEMENT

(1.) HEARD Sri. A.N. Krishna Swamy, learned counsel appearing for appellant. Perused the records.

(2.) IT is the contention of Sri. A.N. Krishna Swamy, learned counsel appearing for appellant that Tribunal committed a serious error in directing the insurer to pay compensation awarded by it and recover the same from owner, when undisputedly there is no liability on the insurer since the driver of the offending vehicle did not possess a valid and effective driving licence on the date of the accident as held by Tribunal itself and as such question of indemnifying by insurer by paying compensation to claimant and recovering the same from the insured does not arise. Hence, he prays for absolving the insurer from liability by allowing the appeal.

(3.) PARTIES are referred to as per their rank in Tribunal. Facts in brief leading to filing of this appeal can be crystalised as under: