LAWS(CHH)-2008-2-18

UNITED INDIA INSURANCE COMPANY LIMITED Vs. KUNJBIHARI MISHRA

Decided On February 26, 2008
UNITED INDIA INSURANCE COMPANY LIMITED Appellant
V/S
SHYAMLAL KURMI Respondents

JUDGEMENT

(1.) HEARD finally.

(2.) THE only point that arises for determination in this appeal is whether the learned Additional Motor accidents Claims Tribunal, Bilaspur (henceforth 'the tribunal') was justified in passing the award of pay and recover against the appellant/insurer after recording a finding that the driver of the offending vehicle did not possess a driving licence.

(3.) IT is not in dispute in this appeal that respondent No. 1/claimant, a pedestrian, who was knocked down by the Motor Cycle No. CG11b6166 driven by respondent No. 2 is a third party, whose risk was statutorily covered by the insurer under the policy of insurance.