RAMJI LAL Vs. PADAMCHANDRA GUPTA

JUDGEMENT

(1.) Being aggrieved by the award dated 28th June, 2003 passed by III MACT, District-Morena in claim case No. 8/2002 whereby claim case filed by the Appellant was allowed and compensation was awarded to the extent of Rs. 25,000/- and Respondent No. 3/Insurance Company was exonerated as the driving license was found forged, the present appeal has been filed.

(2.) Learned Counsel for the Appellant submits that amount awarded by learned Tribunal is on lower side, hence the same be enhanced. It is submitted that learned Tribunal committed error in not giving direction to the Respondent No. 3 to pay and recover. For this contention reliance is placed on a decision of Hon'ble Apex Court in the matter of New India Assurance Co. Ltd. v. Roshanben Rahemansha Fakir, 2008 ACJ 2161 wherein right of recovery has been given by Hon'ble Apex Court while exercising its jurisdiction under Article 142 of the Constitution of India. Further reliance is placed on a decision in the matter of Smt. Sunita Jain v. Kunwar Singh alias Raju Vishwakarma, 2007 2 MPHT 417(D.B.), wherein in a case of breach of policy condition regarding holding of a valid license by the driver. Division Bench of this Court has held that Insurance Company in such a situation held would not be liable to indemnify the owner of the vehicle, but even to such a case the principle of pay and recover will apply to the Insurance Company. It was further held that in other words the Insurance Company has to be directed to pay the compensation to the claimants and direction has also to be given that the Insurance Company would be entitled to recover the same from the vehicle owner/insured. It is submitted that the appeal filed by the Appellant be allowed and the amount be enhanced and Respondent No. 3/Insurance Company be directed to pay the compensation and recover.

(3.) Learned Counsel for the Respondent Nos. 1 and 2 submit that no case for enhancement is made out. It is submitted that the appeal be dismissed.