NATIONAL INSURANCE COMPANY LIMITED Vs. VISHNU

JUDGEMENT

(1.) THE Appellant National Insurance Company Limited impugns a judgment dated 24.01.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.6,92,698.00 in favour of the First Respondent, the Appellant's plea of breach of terms and conditions of the policy was rejected.

(2.) THE quantum of compensation is not challenged by the Appellant. The only ground of challenge is that since the owner (Respondent No.3 committed the breach of the terms and conditions of the policy, the Appellant was entitled to exoneration or in any case, the recovery rights could have been granted against Respondents No.2 and 3.

(3.) WHILE dealing with the issue of liability, the Claims Tribunal in Paras 23 and 24 observed as under:-