ORIENTAL INSURANCE CO. LTD. Vs. SANGEETA

JUDGEMENT

(1.) This common order will dispose off the appeal being FAO3394-2019 filed by the Insurance Company and cross-objections being XOBJC-101-2022 filed by the claimants.

(2.) The present appeal has been preferred by the Insurance Company challenging the award dtd. 2/2/2019 passed by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as the 'Tribunal'). The two challenges laid by the Insurance Company in the present appeal are that Chandresh @ Chandresh Kumar (hereinafter referred to as the 'deceased') himself was negligent inasmuch as he did not possess a driving licence and was driving the motorcycle without a driving licence.

(3.) The second ground for challenge is that the recovery rights ought to have been granted to the Insurance Company in the absence of a permit to ply the offending vehicle and in the absence of fitness certificate of the offending vehicle.