ORIENTAL INSURANCE COMPANY LTD Vs. ISTKAR

JUDGEMENT

(1.) VIDE the instant appeal, the appellant/Insurance Company has challenged the award dated 17.07.2010, whereby the learned Tribunal has granted the compensation in favour of the respondents/claimants as under:- <FRM>JUDGEMENT_1842_ILRDLH23_2013.htm</FRM> The said total sum is rounded off to Rs.84,000/- which shall be the just compensation."

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has argued only on the ground that the driver of the offending vehicle was having fake driving licence and it is a case of breach of the terms of the policy, therefore, the appellant/Insurance Company is not liable to pay any compensation. She further submitted that when there is a breach of terms of policy, then they have to be exonerated fully and if not, the appellant company should have been granted recovery rights against the owner of the offending vehicle.

(3.) THUS , they tried their level best to call the witness, however, none appeared from the said authority, therefore, they could not prove the fact that the driver was having fake driving licence. In the eventuality, they had placed the report on record from the said authority, the learned Tribunal should have relied upon the report, wherein it is clearly mentioned that the driving licence in question was fake and not issued in the name of Lal Saheb, i.e., alleged driver of the offending vehicle.