JUDGMENT :

ADARSH KUMAR GOEL J.

1. Delay condoned in SLP (C) No………of 2014 [CC. Nos.4232-4233 of 2014].

2. Leave granted in all the matters.

3. These appeals have been preferred against common judgment and Order dated 5th August, 2011 in MAC Appeal Nos.70 and 68 of 2011 and dated 8th March, 2013 in Review Petition Nos.793 and 776 of 2011 respectively of the High Court of Delhi at New Delhi.

4. The question raised for consideration is whether the Insurance Company is entitled to recovery rights on the ground of breach of conditions of insurance policy when the driver possesses valid driving licence for driving light vehicle but fails to obtain endorsement for driving goods vehicle.

5. The claim petition was filed before the Motor Accident Claims Tribunal by the dependents of the deceased Rizwan S/o Kadir @ Abdul Kadir who died in a road accident on 8th October, 2005 at about 05.30 A.M. while driving Tempo No.HR-G-5234 which was hit by a Tempo (Tata-407) bearing No.DL-1L-D3186. The Tribunal held that the death was on account of negligence of the driver of the offending Tempo (Tata-407) bearing No.DL-1L-D3186 and the claimants were entitled to compensation. The vehicle was insured with