LAWS(ALL)-2014-1-303

ORIENTAL INSURANCE CO. LTD Vs. CHANDRA PRAKASH

Decided On January 10, 2014
ORIENTAL INSURANCE CO. LTD. Appellant
V/S
CHANDRA PRAKASH Respondents

JUDGEMENT

(1.) This first appeal from order field by the appellant-insurance company is directed against the judgment and award dated 10.10.2013 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, J.P. Nagar in M.A.C.P. No. 63 of 2009 (Chandra Prakash and another v. The Oriental Insurance Co. Ltd. and another) awarding a compensation of Rs. 6,59,000/- with interest @ 6% per annum from the date of filing of the claim petition till final payment to claimant-respondent No. 1. The appellant-insurance company has been directed to make payment of the awarded amount with a right to recover the same from the owner of the offending vehicle. Heard Sri Ashok Kumar Jaiswal, learned Counsel for the appellant.

(2.) We have considered the argument advanced by learned Counsel for the appellant.

(3.) The Tribunal has recorded a categorical finding that the permit for plying the offending vehicle was only valid within the State of Gujarat, Rajasthan and Delhi and thus it was being plied in the State of U.P. without any valid permit and the owner who was driving the offending vehicle had no valid driving license and thus the vehicle was being driven in violation of the terms and conditions of the insurance policy.