NEW INDIA ASSURANCE CO. LTD Vs. RAM DASS

JUDGEMENT

(1.) INSTANT appeal has been preferred against the impugned award dated 13.02.2006, whereby ld. Tribunal while awarding the compensation has not granted recovery rights in favour of the appellant.

(2.) LD . Counsel appearing on behalf of the appellant submits that the appellant has taken the defence before the ld. Tribunal that driver of the offending vehicle (respondent no. 1 before Tribunal) was driving the vehicle without having any licence at the time of accident. Therefore, the owner of the offending vehicle breached the terms and conditions of the insurance policy. Accordingly, the appellant is not liable to pay any compensation.

(3.) HE further submitted that R3W1, Ms. Manisha Trivedi, D/L Incharge, ARTO, Bulandshahar, UP has deposed that DL No. T 5670/BSR/2003 belongs to their office, but as per their record, the aforesaid D/L was issued in the name of Sh. Prempal, S/o, Sh. Ganpat Singh on 08.03.2003. She further stated that the said licence was not issued to Sh. Ashish Kumar, S/o, Sh. Rama Shankar. During cross examination R3W1 stated that D/L of Sh. Ashish Kumar is not as per the format pertaining to their office nor it is signed by their officer. She filed record of her office as Ex.R3W1/A.