NEW INDIA ASSURANCE COMPANY LTD Vs. ASHWANI KUMAR

JUDGEMENT

(1.) THERE is a short challenge in this case by the Insurance company of the award dated 25th August, 2010. Vide this award dated 25th August, 2010, learned Tribunal had reached to the conclusion that there was a breach of terms of the insurance policy as driver of the TSR was not holding a valid driving license at the time of incident. Consequently, the learned Tribunal had granted the recovery rights to the appellant. It is against this recovery rights given to the appellant, that the appellant has come before this court, arguing that the liability to pay the claimant ought to have been fixed on the driver and the owner of the offending vehicle.

(2.) IN short the facts of the case are that an accident had taken place on 8 th November, 2001 at about 9.30 p.m. opposite STD Booth, Hudson line near Nala. At that time the injured/claimant Ashwini Kumar was going on his Motor cycle bearing No. BR -15/A -0102 at a normal speed and a three wheeler (TSR) bearing No. DL -1R -D -9572 which was being driven in a rash and negligent manner hit his motorcycle. The claimant/injured fell down on the road and received grievous injuries. He filed a claim petition being MACT No. 654/2006 where he had been awarded a compensation of a sum of Rs.1,38,750/ - along with interest @ 7.5 % per annum from the date of institution till the date of actual deposit. The Tribunal had opined that accident had taken place due to the rash and negligent driving by the offending vehicle i.e. the TSR.

(3.) I have heard the arguments and perused the record.