+ MAC.APP. 693/2010 & CM No.18770/2010
NEW INDIA ASSURANCE CO LTD. ..... Appellant Represented by: Mr.Kanwal Chaudhary,
Advocate.
Versus
GYAN DEVI & ORS. ..... Respondents Represented by: None.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
MAC.APP. 693/2010
1. The present appeal is directed against the impugned award dated 04.08.2010, whereby the learned Tribunal while granting compensation has not exonerated the appellant/Insurance Company from liability to pay compensation despite the fact that the respondent No.3, i.e., driver of the offending vehicle was not holding a valid driving licence on the date of the accident.
2. Admittedly, recovery rights have been granted in favour of the appellant/Insurance Company.
MAC.APP No. 693/2010 Page 1 of 2
3. Similar issue has been dealt with by this Court in the case bearing MAC. APP. No.805/2010, titled as 'Santosh Chhabra & Ors. Vs.Abhishek Gureja & Ors.', decided on 04.10.2013.
4. Therefore, keeping in mind the facts and circumstances of the case, aforesaid dictum of this Court and the fact that recovery rights have already been granted in favour of the appellant/Insurance Company, I do not find any discrepancy in the impugned order dated 04.08.2010 passed by the learned Tribunal. The same is accordingly dismissed.
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