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DELHI HIGH COURT
INDERMEET KAUR
Oriental Insurance Co. Ltd. – Appellant
Versus
Nisha Kohli – Respondent
JUDGMENT
Indermeet Kaur, J. (Oral)
1. These are two appeals which have been filed by the Insurance Company impugning Award dated 29.01.2010 vide which compensation in the sum of Rs.77,759/- along with interest had been directed to be paid to the two petitioners K.K. Kohli and Nisha Kohli both of whom had suffered injuries in an accident which had occurred on 12.05.2005. K.K. Kohli and Nisha Kohli were the victims in this accident; K.K. Kohli was driving a two wheeler scooter on which his wife was the pillion rider; a Santro car collided with their scooter as a result of which the parties sustained grievous injuries.
2. The Tribunal had passed the Award against the insurance company. Recovery rights had not been granted against the owner/driver of the vehicle which is the grievance now in the present appeals. The contention raised by the appellant is that the driver of the vehicle had no valid driving license; in the absence of an effective driving license, the Insurance Company in fact could not be burdened with any liability; this is first submission; in the alternate even if liability is foisted upon the Insurance Company, the Insurance Company should have been granted recove
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