1. The motor vehicular accident that occurred on 14.08.2013 resulting in the death of Nisar Udin @ Mohd. Nissar, it becoming the cause of action for accident claim case (suit no.789/2013) in favour of the first to fifth respondents (collectively, the claimants) involved negligent driving by the second appellant (driver) of a motor vehicle described as Tata 709 Truck bearing registration no.DL-1LE-5066 (vehicle), which is registered in the name of the first appellant (owner) and was concededly insured against third party risk for the period in question with the sixth respondent (insurer).

2. While contesting the claim case, the insurer had raised the plea of breach of terms and conditions of the insurance policy, inter alia, on the ground that the vehicle was not covered by a valid permit. The Motor Accident Claims Tribunal (Tribunal) decided the claim case by judgment dated 04.07.2015 and, while awarding compensation in favour of the claimants and directing the insurer to pay, granted it recovery rights against the appellants for the reason that the vehicle though covered by a national permit there was no sufficient compliance with the requirements of law in that there was