REKHA MITTAL, J.

CM No.14192-CII of 2016

Prayer in this application is for condoning delay of 15 days in re-filing the appeal.

In view of the averments made in the application supported by an affidavit of Kuldip Singh-clerk of counsel for the appellant, the application is allowed and delay of 15 days in re-filing the appeal stands condoned.

Disposed of accordingly.

FAO No.4164 of 2016

The present appeal has been directed against award dated 24.02.2016 passed by the Motor Accident Claims Tribunal, Faridabad (in short 'the Tribunal') whereby compensation has been awarded in favour of Mrs. Sonali Devi and others with regard to death of Sh. Vivek Tiwari in a motor vehicular accident that took place on 02.01.2015.

2. The sole submission made by counsel for the appellant is that driver of the offending vehicle i.e. tractor bearing No.HR-51-AT-5028 did not possess a driving licence to drive a transport vehicle. The insured is guilty of violating the terms and conditions of the contract of insurance, therefore, the insurance company is entitled to have a right of recovery against the insured after satisfying claim of third party i.e. claimants. To bring home his contention, coun