RASHID Vs. MOHIT

JUDGEMENT

(1.) CM-27921-CII-2017

(2.) The Tribunal, in para 11 of the award, has noticed that driver was possessing licence to drive motorcycle, scooter, car and jeep but at the time of accident he was driving the tractor, therefore, the insured is guilty of violating terms and conditions of the insurance policy which entitle the insurance company to have right of recovery against respondents No.1 and 2 before the Tribunal.

(3.) Findings of the Tribunal allowing right of recovery in favour of the insurer and against driver of the offending vehicle cannot be allowed to sustain as there is no privity of contract between the insurer and driver. Accordingly, right of recovery given to the insurer against driver is set aside.