ORIENTAL INSRUANCE COMPANY LTD Vs. UDESINH KABHAIBHAI PARMAR

JUDGEMENT

(1.) When the matter is taken up for hearing, it is noticed that the defendant No.3 - owner of the vehicle has already passed away.

(2.) The present appeal is filed by the appellant - Insurance Company and is directed against the judgment and award passed by the learned Motor Accident Claim Tribunal (Aux.), Anand in M.A.C.P No.357 of 2010, whereby the Tribunal has allowed the claim petition filed by the original claimant - defendant No.1, awarding compensation of Rs.1,84,000.00 along with interest at the rate of 9% p.a., from the date of filing of the claim petition till the realization from the original opponent Nos.1 to 3 jointly and severely.

(3.) Learned advocate Mr.Dwivedi, appearing for the appellant - Insurance Company has submitted that the impugned judgment and award is required to be quashed and set aside, since the defendant No.2, who was the driver of the vehicle, was not having a valid licence and the defendant No.3, was the owner of the vehicle. It is submitted that at the most, the Tribunal should have passed an order for pay and recovery from the defendant Nos.2 and 3, however, the same is not done. He has submitted that in fact, the appellant - Insurance Company is not liable to pay the compensation since the defendant No.2 driver was not having licence, hence, the Tribunal has fallen in error in passing the impugned judgment and award.