Judgment

Mrs. Alka Sarin, J.

This common order will dispose off the appeal being FAO- 3394-2019 filed by the Insurance Company and cross-objections being XOBJC-101-2022 filed by the claimants.

FAO-3394-2019 (O&M)

2. The present appeal has been preferred by the Insurance Company challenging the award dated 02.02.2019 passed by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as the ‘Tribunal’). The two challenges laid by the Insurance Company in the present appeal are that Chandresh @ Chandresh Kumar (hereinafter referred to as the ‘deceased’) himself was negligent inasmuch as he did not possess a driving licence and was driving the motorcycle without a driving licence. The second ground for challenge is that the recovery rights ought to have been granted to the Insurance Company in the absence of a permit to ply the offending vehicle and in the absence of fitness certificate of the offending vehicle.

3. Learned counsel for the Insurance Company would contend that the deceased in the present case admittedly did not have a driving licence and hence it ought to h