ORINTAL INSURANCE CO LTD Vs. HAKKA RAM

JUDGEMENT

(1.) This appeal under section 173 of Motor Vehicles Act, 1988, is directed against the judgment and award dated 6.12.1996 passed by the Motor Accidents Claims Tribunal, Jalore (for short, 'the Tribunal') whereby the Tribunal awarded compensation of Rs. 40,000 in favour of the respondent-claimant Nos. 1 and 2 (for short, 'the claimants') and against respondent No. 3 and the appellant. Being aggrieved by the judgment and award impugned the appellant Oriental Insurance Co. Ltd. (for short, 'the insurance company') filed the instant appeal challenging its liability.

(2.) I have heard learned counsel for the parties. Perused the judgment and award impugned and also carefully gone through the record of the Tribunal.

(3.) It is contended by learned counsel for the insurance company that the Tribunal fell in error in holding the insurance company liable for the compensation. It is further contended that on the relevant date of accident the driver of the jeep bearing No. RRN 9273 was holding a learner's licence and as such he was not having an effective licence, therefore, the insured committed a breach of condition of the policy.