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Date of Decision: 2nd May, 2012 MAC APP. No.710/2010
SARWAN SINGH & ORS. ..... Appellants
Through: Mr. Kundal Kumar Lal, Advocate
Through: Mr. Pradeep Gaur, Advocate for the Respondent Insurance
Company.
Through: Mr. Pradeep Gaur, Advocate
Through: Mr. Kundal Kumar Lal, Advocate
JUDGMENT
1. The Appellants(the driver and the owner) in MAC APP. NO. 710/2010 impugn a judgment dated 05.08.2008 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby while awarding a compensation of `1,23,268/-, it made the Appellants liable to pay the sum and absolved the Respondent National Insurance Co. Ltd. on the ground that the driver did not possess a valid driving licence. 2012:DHC:3000 MAC.APP. No.710/2010 & MAC No.253/2012
2. Cross-Objections being MAC APP. No.253/2012 were filed by the Respondent Insurance Company on the ground that there was violation of the terms of the policy inasmuch as the owner did not possess any permit to ply the vehicle in the territory of NCT of Delhi.
3. During the pendency of the Appeal, the driving licence and the permit were supplied by the Appellants to the Respondent National Insurance Co. Ltd. for verification. It is submitted by Mr. Pradeep Gaur, Advocate/counsel for the Respondent Insurance Company that the driving licence and the permit were valid and genuine on the date of the accident.
4. In the circumstances, the Respondent Insurance Company was under obligation to satisfy the claim of Respondent No.2. The Respondent No.3 Insurance Company is directed to satisfy the award amount along with interest to Respondent No.2 before the Claims Tribunal within six weeks, which shall be released in terms of the orders passed by the Claims Tribunal.
5. The MAC APP. No.710/2010 is accordingly allowed.
6. The Cross-Objections being MAC APP. No.253/2012 stands dismissed.
7. The statutory amount of `25,000/- shall be refunded to the Appellant Insurance Company.
JUDGE MAY 02, 2012 pst