NATIONAL INSURANCE CO. LTD Vs. MAMTA

JUDGEMENT

(1.) The present appeal is preferred against the impugned award dated 04.07.2008 passed in suit No. 604/2005 titled as Smt. Mamta & Anr v. Vishram Yadav & Ors, whereby the learned Tribunal has directed the appellant to pay Rs.4,80,028/- along with interest at the rate of 7% per annum from the date of filing of the petition.

(2.) The main ground taken in the instant appeal is that the learned Tribunal has erred by holding that the insurance company being the insurer is liable to pay the compensation and same can be recovered from respondent Nos. 5 and 6.

(3.) Ms. Manjusha Wadhwa, learned counsel appearing on behalf of the appellant has submitted that the learned Tribunal has recorded in its impugned judgment that respondent No.5 has committed breach of terms and conditions of policy by providing the vehicle in the hands of respondent No.5, who was not having driving licence to drive the commercial vehicle on the date of accident.