ORIENTAL INSURANCE COMPANY LTD Vs. UTTAM SINGH

JUDGEMENT

(1.) THE Appellant Oriental Insurance Company Ltd. impugns a judgment dated 25.11.2009 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby while awarding a compensation of Rs.68,000/- in favour of the Respondent No.3, Appellant's plea of breach of the terms of the policy as envisaged under Section 149(2) of the Motor Vehicles Act(the Act) was rejected.

(2.) BY an order of this Court, a notice was issued to the Respondents only on the question whether the Appellant would be entitled to recovery rights?

(3.) A perusal of the written statement filed by the Appellant Insurance Company reveals that only a vague and general plea was taken that the driver did not possess a valid and effective driving licence at the time of the accident. It was nowhere stated in the written statement that the endorsement made on the driving licence was fake. It would be apposite to refer to the statement of the First Respondent Uttam Singh who entered the witness box as R2W1. He deposed as under: