NATIONAL INSURANCE CO LTD Vs. PRAKASH CHAND

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.11.2010 whereby compensation of Rs.8,27,408/- was awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondent no.1 for having suffered injuries in a motor vehicular accident which occurred on 24.11.2004 at 11:30 p.m.

(2.) At the time of hearing of the appeal, the sole contention raised by the learned counsel for the Appellant is that since the Appellant had successfully proved breach of terms and conditions of policy, he was entitled to recovery rights against the insured(Respondent no.3), owner of the vehicle. Mr. A.K. Soni, Advocate urges that although the Claims Tribunal was conscious of the fact that breach of the terms and conditions has been established as the same was discussed by the Claims Tribunal in para 9 of the impugned judgment, yet while apportioning the liability, the Claims Tribunal totally missed out the same.

(3.) In para 9, the Claims Tribunal observed as under: