UNITED INDIA INSURANCE CO LTD. Vs. KAUSER JAHAN

JUDGEMENT

(1.) THE present appeal is directed against the impugned award dated 05.05.2010, whereby the learned Tribunal has granted compensation for a sum of Rs.78,705/ - with interest at the rate of 8% per annum from the date of filing of the claim petition till realization of the amount.

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company submitted that the present appeal is filed mainly on the ground that respondent No.2/driver of the offending vehicle was not holding valid driving licence to drive Heavy Motor Vehicle (Passenger) on the date of the accident, i.e., 18.03.2006, despite that the learned Tribunal had not granted recovery rights in favour of the appellant/Insurance Company and against the respondent Nos. 2 and 3, i.e., driver and owner of the offending vehicle.

(3.) ON perusal of the record, it is revealed that driving licence of respondent No. 2 was valid from 04.06.2004 to 03.06.2007. Photocopy of the same is annexed as Annexure -A3. It is specifically mentioned therein that the holder of the licence was authorized to drive transport vehicle.