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2023 Supreme(P&H) 2619

ALKA SARIN
Rekha Rawat – Appellant
Versus
Balwinder Singh – Respondent


Advocates Appeared:
Mr. Ashwani Arora, Advocate for the appellants in FAO-2778-2013 and for Respondent nos.1 to 3 in FAO-2844-2013.
Mr. Varun Sharma, Advocate for Mr. Ashwani Talwar, Advocate for Respondent no.3-Insurance Company in FAO-2778-2018 and; For the Appellantin FAO-2844-2013.
Mr. D.K. Prajapati, Advocate for Respondent no.3-Insurance Company in FAO-2778-2013.

Table of Content
1. insurance company claims for recovery rights (Para 2 , 3 , 4 , 5)
2. validity of driving license impacts insurance liability (Para 6 , 7 , 8 , 9)
3. claimants challenge compensation quantum (Para 11 , 12 , 13)
4. recalculation of awarded compensation based on evidence (Para 14 , 15 , 19)
5. final ruling on appeals and award modifications (Para 20 , 21)

JUDGMENT

Alka Sarin, J. (Oral)

By this common order, the above-captioned two appeals are being disposed off.

FAO No.2844 of 2013

2. The present appeal has been preferred by the Insurance Company aggrieved by the fact that the recovery rights have not been given to it.

3. Learned counsel for the Insurance Company would contend that the only grievance of the appellant-Insurance Company is that the recovery rights have not been given to the appellant-Insurance Company, which ought to have been given in view of the fact that the driver of the offending vehicle was holding two driving licences.

4. None has put in appearance on behalf of the owner and driver of the offending vehicle and they are accordingly proceeded against exparte.

5. Heard.

6. In the present case, the driver of the offending vehicle was holding two driving l

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