NATIONAL INSURANCE CO LTD Vs. RINKU SHARMA

JUDGEMENT

(1.) THE Appellant National Insurance Company Limited impugns the award dated 06.03.2010 whereby a compensation of Rs. 65,349/- was awarded in favour of the Respondent No.1 (Rinku Sharma). Rinku Sharma suffered injuries in the motor accident involving a Tractor bearing number HR-51N-6077, which took place on 13.01.02004.

(2.) THE Appellant's grievance is that it was established on record that the driving licence possessed by the second Respondent was not valid on the date of the accident. Since the owner himself was the driver of the tractor, he shall be deemed to have committed willful breach of the terms of the policy. THE Insurance Company had no liability to pay the awarded compensation. It is urged that even the recovery rights were not granted to the Appellant.

(3.) A perusal of the recovery memo dated 14.01.2004 shows that