ORIENTAL INSURANCE CO LTD Vs. ASHOK KUMAR VALECHA

JUDGEMENT

(1.) THE instant appeal is directed against the judgment dated 8.2.2011 passed by the Claims Tribunal whereby compensation of Rs.3,00,900/ - was awarded in favour of Respondent no.1 for having suffered injuries in a motor vehicular accident which occurred on 12.12.2005.

(2.) MR . A.K. Soni, learned counsel for the Appellant submits that the Appellant proved the breach of terms and conditions of the insurance policy and even if the Appellant was not exonerated, at least recovery rights ought to have been granted.

(3.) IT is urged by the learned counsel for the Appellant that as per the attested copy of the report under Section 173 Cr.P.C. placed on record, it was not Respondent no.2 (Sunil) but one Neeraj s/o Mahinder Singh who was driving the offending vehicle at the time of the accident. Said Neeraj was challaned for the offence punishable under Sections 279/338 IPC in addition to Section 3 read with Section 181 of the Motor Vehicles Act, 1988. It is urged that the report under Section 173 Cr.P.C. clearly proves that the driver, that is, Neeraj did not possess an effective driving licence to drive the vehicle at the time of accident. Thus, the Claims Tribunal ought to have exonerated or granted recovery rights to the Appellant.