ICICI LOMBARD GENERAL INSURANCE CO.LTD. Vs. PHOOLMATI

JUDGEMENT

(1.) Present is an appeal under Section 173 of the Motor Vehicle Act 1988 preferred by the appellant-Insurance Company assailing the award dated 31/07/2009 passed by learned Additional Motor Accident Claims Tribunal, Sarangarh, District Raigarh, Chhattisgarh in Claim Case No.23/2007. Vide the said impugned award, the Tribunal has passed an award of payment of compensation of Rs.2,51,000/- along with interest @ 5% per annum from the date of application. While passing the said impugned award, the Tribunal has directed the appellant-Insurance Company to pay the entire amount of compensation and has given the Insurance Company the liberty to recover the same from the respondent Nos.4 and 5-the driver and the owner of the Motorcycle involved in the accident.

(2.) The counsel for respondent Nos.4 and 5 submits that, he has also filed a cross-objection under Order 41 Rule 22 of C.P.C. challenging the award to the extent where the liberty to recover the amount has been granted to the Insurance Company.

(3.) The contention of the counsel for the appellant-Insurance Company is that, the driver of the offending vehicle i.e. respondent No.4-Dinesh Kumar did not have a valid license to drive the Motorcycle as it have already got expired and was not renewed within a period of 30 days from the date it got expired and therefore the order of pay and recovery made by the Tribunal below is improper. He further submits that, once when there is a finding that, the driver did not have a valid license, it means at the time of accident it would be a case of no license and therefore the Insurance Company should be completely exonerated of its liability of payment of compensation.