TARUN JAIN Vs. KALAWATI AND OTHERS

JUDGEMENT

(1.) The present appeal is filed by the owner of the offending vehicle No.HR-39B-0427, challenging the award of the Motor Accident Claims Tribunal (Tribunal for short), Bhiwani, on the ground that the Tribunal erred in granting right to the Insurance Company to be indemnified by the appellant.

(2.) Learned counsel for respondent No.8 argued that the Tribunal held that it was established on record that respondent No.1 was holding a fake driving licence and in that event, the Insurance Company was liable to compensate the claimant but had a right to recover the amount from the insured.

(3.) Learned counsel for the appellant admitted that on verification from the office of ARTO, Mathura, the driving licence in the name of respondent No.1 was found to be fake because it was issued in the name of one Naresh Kumar and not in the name of respondent No.1 i.e. Surender. He, however, argued that despite the fact that the licence was fake, right of recovery could not be granted to the Insurance Company in view of National Insurance Co. Ltd. Vs. Swaran Singh and others, 2004 2 RCR(Civ) 114.