JUDGMENT

Navin Chawla, J. (Oral)

CM APPL. 34730/2023 (Exemption)

1. Allowed, subject to all just exceptions.

MAC.APP. 344/2023

2. This appeal has been filed challenging the Award dated 06.04.2023 passed by the learned Motor Accidents Claims Tribunal, (East District), Karkardoom Courts, New Delhi (hereinafter referred to as the `Tribunal') in MAC Case No.22/17, titled Jugnu Kumari v. Bano & Ors..

3. The challenge to the Impugned Award is to a limited extent that as the offending vehicle was being driven without a valid permit, the appellant is not liable to pay the compensation awarded by the Impugned Award to the claimants and that the learned Tribunal has erred in directing so and reserving only a right to recover the paid amount from the owner and driver of the offending vehicle.

4. The learned counsel for the appellant placing reliance on the judgment of the Supreme Court in National Insurance Co. Ltd. v. Vidhyadhar Mahariwala & Ors., (2008) 12 SCC 701, submits that where the vehicle is being run without a valid permit and in violation of the conditions stipulated in the Insurance Policy, the appellant cannot be made liable to pay the compensation; liability remains of the owne