BRANCH MANAGER Vs. SUJHWANTI BAI

JUDGEMENT

(1.) The appellant/insurance company has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of the impugned award dtd. 9/9/2021 passed by the learned First Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 696/2019, by which the claim application of the claimants has been allowed and the Claims Tribunal has exonerated the insurance company as the vehicle was being driven in terms of the breach of policy, therefore, applying the principle of first pay & recover directed the insurance company to pay the amount of compensation.

(2.) Ms. Swati Agrawal, learned counsel appearing for the appellant/ insurance company, would submit that the offending vehicle was being plied without valid & effective driving licence, therefore, the appellant/ insurance company is not liable to pay the amount of compensation and, as such, the impugned award is liable to be set aside.

(3.) None appeared nor any representation is made on behalf of the respondents despite second round of hearing.