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2008 Supreme(SC) 2148

P.P.NAOLEKAR, V.S.SIRPURKAR
National Insurance Co. Ltd. – Appellant
Versus
Tulna Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Mr. Joy Basu.

JUDGMENT :

P.P. NAOLEKAR, J.

1. These appeals are being disposed of by this common order as the question of law involved in the appeals is common.

2. At the relevant time when the accident occurred, the driver of the vehicle was holding the driving licence of light motor vehicle added with goods vehicle whereas the vehicle which met with an accident was passengers vehicle.

3. It is submitted by Mr. Joy Basu, learned counsel for the appellants that the Insurance Company is not challenging the award in regard to the payment of compensation to the third parties. However, as the driver was not holding a valid driving licence to drive the passengers vehicle at the relevant time, the Insurance Company has a right to recover the payment of the award amount given to the third parties from the owner of the vehicle.

4. The Insurance Company had entered appearance before the Motor Accidents Claims Tribunal and filed its written statement. In the written statement, the defence taken by the respondent-Insurance Company to the claim petition is as under:

    “That the driver of the vehicle did not have a valid driving licence and the liability, if any, is, therefore, of the owner of the vehicle or its dri

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