UNITED INDIA INSURANCE CO. LTD. Vs. NIRUBEN

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied by the judgment and award dated 30.3.2012 passed by the Motor Accident Claims Tribunal (Aux), Surat in MACP No.113/93, the appellant -insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act").

(2.) Following facts emerge from the record of the appeal:-

(3.) Mr. Mazmudar, learned advocate for the appellant has raised the sole contention that the appellant -insurance Company deserves to be exonerated on the ground that the driver of the motorcycle was not holding an effective and valid license and that there was breach of the terms and conditions of the policy. It was further contended that though the Tribunal has permitted recovery subsequently from the owner of the motorcycle, the appellant - insurance Company has been wrongly made liable to pay first and then to recover the amount.