JUDGMENT

Surinder Gupta, J. - In the claim petition filed by Avtar Singh and others against respondents No.1 to 3, Motor Accident Claims Tribunal awarded compensation of Rs. 4,13,000/- to the claimants for the death of Smt. Harminder Kaur in a motor vehicle accident with bus bearing registration No.PB-08BC-9229(later referred to as the offending vehicle) owned by the appellant M/s Onkar Bus Service Ltd. The tribunal passed the award against the owner, driver and insurer of the vehicle jointly and severely and allowed recovery rights to the insurer against the owner of the offending vehicle on the ground that original driving licence of the driver of the offending vehicle was fake and same could not be validated by subsequent valid renewals.

2. The appellant has challenged the grant of recovery right to the insurer against it with the plea that before employing the driver, appellant had checked his licence, taken his test and found him to be a qualified driver.

3. Learned counsel for the appellant while referring to the observations of Hon'ble Apex Court in case of National Insurance Company Limited vs. Swaran Singh and others 2004 (3) SCC 297 , has argued that to avoid its liability