NATIONAL INSURANCE CO LTD Vs. RAMCHANDRA

JUDGEMENT

(1.) Being aggrieved by the award dated 19.11.2010 passed by MACT, Indore in claim case No. 219/2010 whereby claim petition filed by the respondent No. 1 was allowed and awarded the compensation of Rs. 42,500/ -, present appeal has been filed.

(2.) Learned counsel for the appellant submits that in the facts and circumstances of the case, learned Tribunal committed error in holding the appellant liable as the respondent No. 3 was not possessing the valid driving license at the time of accident, therefore, appeal filed by the appellant be allowed and findings whereby appellant was held liable be setaside.

(3.) From perusal of record, it appears that respondent No. 3 was possessing the driving license of LMV at the time of accident while respondent No. 3 was driving the commercial vehicle. The offending vehicle was also insured as commercial vehicle. Appellant has also adduced the evidence to prove that offending vehicle was commercial vehicle by examining the witness from concerned RTO. In the facts and circumstance of the case, this Court is of the opinion that learned Tribunal committed error in holding the appellant liable for payment of compensation as the offending vehicle was insured as commercial vehicle while respondent No. 3 possessing the license to drive LMV, therefore, at the most right of recovery could have been given to the appellant. In view of this, appeal filed by the appellant is allowed and findings of learned Tribunal is modified to the extent that appellant shall have a option to recover the amount from respondents No. 2 and 3 after payment the same to the respondent No. 1.