Allahabad High Court
National Insurance Company Ltd. vs Smt. Mahendri Devi And Others on 28 January, 2010
Author: Ram Autar Singh
Bench: Prakash Chandra Verma, Ram Autar Singh
Court No. - 34 Case :- FIRST APPEAL FROM ORDER No. - 1778 of 2008 Petitioner :- National Insurance Company Ltd. Respondent :- Smt. Mahendri Devi And Others Petitioner Counsel :- Kuldip Shanker Amist Hon'ble Prakash Chandra Verma,J.
Hon'ble Ram Autar Singh,J.
The present First Appeal From Order has been filed by the appellant-Insurance Company under Section 173 of the Motor Vehicles Act, 1988 challenging the award dated 20.02.2008 passed by Motor Accident Claims Tribunal in MACP No. 741 of 2005.
Learned counsel for the claimants/respondents Sri V. C. Dixit vehemently contended that Tribunal after found that there was a breach of terms and conditions of insurance policy as the driving license of the driver of the vehicle in question was not on the record and further after examining all the materials on record he directed the Insurance Company to deposit the awarded amount and has given right to recover the same from the owner of the vehicle in question.
Having heard learned counsel appearing on behalf of the parties and going through the award impugned in the instant appeal, it reveals that right of recovery has been given to the appellant, therefore in our veiw the appellant is not agrrieved person. We do not see any manifest error in the award passed by the Tribunal, nor learned counsel for the appellant could point out any illegality or infirmity in the impugned award. Hence, the award of the Tribunal is confirmed.
The present appeal has no force and is accordingly dismissed. The interim order, if any, stands vacated.
Order Date :- 28.01.2010.
Rks.