UNITED INDIA INSURANCE CO LTD Vs. RAMASHRAY CHAUHAN

JUDGEMENT

(1.) Heard learned counsel for the insurer-appellant. Sri S. D. Ojha, learned counsel for the claimant-respondents, who has put in appearance at this stage, has also been heard.

(2.) The present appeal has been filed by the insurer-appellant feeling aggrieved by the award of an amount of Rs. 2,30,090, determined as just compensation by the Motor Accident Claims Tribunal, to which the claimant-respondent No. 1 was found entitled to on account of 80 per cent disability suffered by him on account of the accident involving the offending motor vehicle, which had been insured by the present appellant covering the risks.

(3.) Learned counsel for the appellant has strenuously urged that there was a breach of the terms and conditions subject to which the insurance policy had been issued by the appellant covering the risk. The contention is that the claimant had failed to establish that the offending motor vehicle was being driven by a person having a valid driving licence issued under the provisions of the Motor Vehicles Act.