JEET SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) BY way of this appeal, the appellant seeks to challenge the impugned award dated 16. 11. 2005 whereby the recovery rights have been given to the insurer of the offending vehicle to recover the award amount from the appellant who is the owner and insured of the offending vehicle. Before adverting to deal with the contentions of the parties, it would be necessary to set out the brief facts of the case which are as under:-

(2.) I have heard learned counsel for the parties and have perused the record.

(3.) THE main thrust of argument of counsel for the appellant laid on the contention that the appellant was holding a learner's driving licence and he was being trained to drive the vehicle by a trained driver holding a valid driving licence and, therefore, the insurer of the vehicle was clearly liable to pay the compensation amount without giving any rights for recovery of the same from the appellant.