ORIENTAL INSURANCE COMPANY LTD Vs. SUMAN AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred by the appellantOriental Insurance Company Ltd. (respondent No.3 in the claim petition) against the award dated 02.04.2010, passed by the learned Motor Accidents Claims Tribunal, Narnaul (hereinafter called the 'Tribunal'), vide which respondents No.1 & 2-claimants have been awarded compensation to the tune of Rs.4,18,000/- on account of death of Mohar Singh in the motor vehicular accident which took place on 04.12.2008.

(2.) Learned counsel for the appellant-Insurance Company contended that respondent No.3, the driver of the tempo, was having the driving licence for LMV non-transport vehicle, but he was driving the tempo in question which is a commercial/transport vehicle. He was required to possess the driving licence to drive the transport vehicle. Thus, he contended that as respondent No.3 was not authorised to drive the transport vehicle, so the insured has committed the violation of the terms and conditions of the insurance policy by handing over the vehicle to respondent No.3 who was not having the driving licence for the transport vehicle. Thus, he contended that the appellant-Insurance Company cannot be made liable for payment of the amount of compensation.

(3.) Learned counsel for respondents No.1 & 2 contended that the Court may pass the appropriate order in accordance of law.