UNITED INDIA INSURANCE COMPANY LTD Vs. BABU LAL

JUDGEMENT

(1.) THE present misc. appeal, filed by the United India Insurance Company Ltd. against the award dated 26.10.2009, passed by the Motor Accident Claims Tribunal, Dausa, is highly misplaced. According to the said award, the learned Tribunal had granted a compensation of Rs.2,25,000/- to the claimants-respondents. However, while directing the Insurance Company to make the payment, it had clearly given the right of recovery to the Insurance Company against the non-claimant-respondent Nos.2 and 3, Keshar Singh and Jagdish singh respectively. Yet, despite having the right of recovery, the appellant-Company has still approached this Court.

(2.) MR. Tripurari sharma, the learned counsel for the appellant-Insurance Company, has vehemently contended that according to the claimants, three persons were riding on the motorcycle. According to the Insurance Company, since three persons were riding on the motorcycle, the motorcycle became imbalanced and fell. Consequently, Vinod expired. Moreover, since the driver of the offending vehicle did not have a valid licence, therefore, the Insurance Company was not liable. Furthermore, since the tractor, the offending vehicle, was being used for commercial purposes, therefore, also the Insurance Company was not liable.

(3.) THEREFORE, this appeal is devoid of any merit. It is, hereby, dismissed.