ORIENTAL INSURANCE CO LTD Vs. HAZARA

JUDGEMENT

(1.) THE award impugned is the award dated 27.10.2010 vide which compensation in the sum of ` 4,94,500/- alongwith interest @ 7.5% per annum had been awarded in favour of the claimants.

(2.) THIS appeal has been filed by the Insurance Company. Insurance Company has no grievance against the claim awarded in favour of the claimants. Its grievance is that the recovery rights have not been awarded by the Tribunal in favour of the appellant and against the owners.

(3.) DRIVING licence of the driver was for driving a light motor vehicle. In no manner can it be said that a light motor vehicle can be equated with a light goods vehicle. In this scenario, it is clear that there was a breach of the policy condition and driver of the vehicle did not have a valid and effective driving licence at the time of the accident. Recovery rights should have been granted by the Tribunal against the owner. The award is modified. Recovery rights are granted in favour of the Insurance Company.