NATIONAL INSURANCE COMPANY LTD. Vs. BATUL AND ORS.

JUDGEMENT

(1.) This appeal is preferred by the appellant -National Insurance Company against the judgment and award dated 22.3.2007 passed by the Motor Accident Claims Tribunal, Alwar in claim case No. 157/2006 whereby the Motor Accident Claims Tribunal partly allowed claim petition and passed an award of Rs. 2,77,800. The background facts of the case in brief are that on 28.2.2006 at about 8 O'clock, the deceased, Mahesh, was driving a Tempo bearing No. FU -02 -P -1859 from Sahapura to Alwar and suddenly a Tractor bearing No. RJ -25 -R -686, which was being rashly and negligently driven by the Tractor driver, hit the Tempo. As a result of which, the deceased sustained multiple injuries and died on the spot.

(2.) The appellant -Insurance Company, in its reply, raised an objection that the deceased was not having a valid and effective driving licence therefore, in such a situation Insurance Company is not liable with regard to this objection, the learned Tribunal framed the following issue:

(3.) The sole contention of the learned Counsel for the appellant Insurance Company is that the learned Tribunal, while deciding issue No. 4, held that even though deceased was not having a valid and effective licence, Insurance Company was to pay compensation to the claimant first and after that the Insurance Company could recover the compensation, so given, from the owner of the vehicle and hence, learned Tribunal grossly erred in giving such a direction.