JUDGMENT

1. Heard learned Counsel for the parties.

2. The challenge in this Appeal is to the Judgment and Award dated 2/1/2017 in Claim Petition No.17/2011 made by the Motor Accident Claims Tribunal at Margao (Tribunal).

3. The Tribunal, by the impugned Judgment and Award, has dismissed the Appellant's claim petition against Respondent No.3-Insurance Company. The Tribunal determined the compensation payable by Respondents No.1 and 2 to the Appellant at ?2,60,000/ -but ultimately awarded the Appellant only ?1,30,000/-, after holing that the Appellant contributed to the accident to the extent of 50%.

4. Mr. Redkar learned Counsel for the Appellant-Claimant submitted that the insured vehicle's driver admittedly had a license to drive a Light Motor Vehicle (LMV). Therefore, applying the law in National Insurance Co. Ltd., vs. Miss. Endreshia Ashiana Fernandes and ors., FA No.96/2017 decided on 06.05.2022 that there was no breach of the insurance policy, and the Insurance Company could not have been exonerated in the matter. He also referred to the decision in Mukund Dewangan vs. Oriental Insurance Company Ltd., (2017) 15 SCC 663 and Bajaj Alliance General Insurance Co. Ltd. vs. Rambha Devi