ORIENTAL INSURANCE COMPANY LTD Vs. KANWARJIT SINGH

JUDGEMENT

(1.) THE Appellant Oriental Insurance Company Limited impugns a judgment dated 27.02.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.63,316/- was awarded in favour of the First Respondent for having suffered injuries in a motor vehicle accident which occurred on 21.05.2003.

(2.) THE only ground of challenge is that the Appellant Insurance Company proved the breach of the terms and conditions of the policy and was, therefore, entitled to recovery rights.

(3.) THE owner of the vehicle (Kulvinder Singh Respondent No.4) filed his Affidavit Ex.R4W1/A and entered the witness box as R4W1. He testified that while employing the driver Ram Vachan he saw the driving licence possessed by him and issued by Licensing Authority, Dehradun. He obtained its photocopy Ex.PW-1/F from the driver. The licence appeared to be genuine. He had a talk with the driver's previous employee about the genuineness of the driving licence and tested driver's driving skills. Nothing substantial could be brought in his cross-examination to discard his testimony.