SHRIRAM GENERAL INSURANCE CO. LTD. Vs. MANOHAR KANWAR

JUDGEMENT

(1.) The present appeals preferred by Shriram General Insurance Company Limited (for short 'the Insurance Comapny') and the cross-objections preferred by the owner of the vehicle arise out of the award dtd. 27/1/2012 passed by the Motor Accident Claims Tribunal, Balotra (hereinafter referred to as 'the learned Tribunal'), whereby claims of Rs.4,33,000.00 and Rs.52,600.00 along with interest @ 9% have been awarded in favour of the claimants respectively.

(2.) The learned Tribunal has proceeded on to decide issue no.3 partly in favour of the Insurance Company and decided that the Insurance Company would although be liable to pay the compensation to the claimants but would further be entitled to recover the same from the owner. Meaning thereby, the Insurance Company was directed to 'pay and recover'. Against the said finding, the present appeals have been filed by the Insurance Company. The cross-objections have been preferred by the owner on the ground that the Insurance Company was only liable to pay the compensation amount and the learned Tribunal has wrongly applied the principle of 'pay and recover' in the present matters. The case of the owner is that the vehicle in question being insured, the Insurance Company would be solely responsible to pay the compensation amount.

(3.) Issue No.3 has been partly allowed in favour of the Insurance Company by the learned Tribunal on the ground that the driver was driving a 'Transport Vehicle' whereas he was having a Driving Licence of a 'Light Motor Vehicle (LMV)'. The same was in breach of the conditions of the Insurance Policy and therefore, the Insurance Company cannot be held liable to pay the compensation.