GEETA DEVI Vs. KAVITA

JUDGEMENT

(1.) The present appeal under Sec. 173 of the Motor Vehicles Act, 1988 preferred by the owner of the offending vehicle seeks to assail the award dtd. 6/7/2018 passed by the learned Motor Accidents Claims Tribunal in MACT No. 4415/2016 insofar as it grants recovery rights in favour of the insurer/respondent no.3.

(2.) Vide the impugned award, the learned Tribunal held that since the driving licence held by the driver of the insured vehicle, i.e., respondent no.2 was fake, there was a breach of the terms and conditions of the insurance policy and therefore the insurer was entitled to a right of recovery against the appellant.

(3.) The primary submission of Mr. Tushar Bathija, learned counsel for the appellant is that not only was the driving license of the respondent no.2 which, was later found to be fake, duly verified by her late husband at the time of engaging him but he had even taken a driving test of respondent no.2 and had found him fit for driving. The late husband of the appellant, having taken all possible steps to check that the driver was holding a valid license and was fit to drive the vehicle; even if the said license later turned out to be fake, it could not be held that the appellant had breached the terms and conditions of the insurance policy.