NATIONAL INSURANCE CO LTD Vs. MANESHWAR DUTT SHARMA

JUDGEMENT

(1.) THE present appeal is directed against the impugned award dated 01.05.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.2,49,560/ - with interest at the rate of 9% per annum from the date of filing of the petition till realization.

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has argued that driving licence produced by respondent No.1 was found to be fake and a witness from the concerned licensing authority was also examined as R3W2 by appellant to this effect, who had categorically stated that licence bearing No.20780 was never issued in the name of Dev Kumar, respondent No.2/driver of the offending vehicle. Despite that, the learned Tribunal has not granted recovery rights against the owner and driver of the offending vehicle.

(3.) LEARNED counsel appearing on behalf of the respondent Nos. 2 and 3 argued that from perusing the record and the impugned award dated 01.05.2012, it is established that respondent No.3, i.e., owner of the offending vehicle has categorically stated that he had seen the driving licence of respondent No.2 and also kept photocopy of the same before handing over the vehicle to him for plying. Respondent No.3 also stated that respondent No.2 was driving the vehicle in a very proper manner, therefore, he had not breached any term and condition of the insurance policy.