Court No. - 5

Case :- FIRST APPEAL FROM ORDER No. - 745 of 2020

Appellant :- New India Assurance Company Ltd.

Respondent :- Smt. Usha And 6 Others

Counsel for Appellant :- Pradeep Kumar Sinha

Counsel for Respondent :- Amit Kumar Verma

Hon'ble Saral Srivastava,J.

Heard Sri P.K. Sinha, learned counsel for the appellant and Sri A.K.Verma,

learned counsel for the respondents.

The present appeal has been filed by the appellant against the award dated

24.01.2020 passed by Motor Accident Claims Tribunal/2nd Additional District

Judge/Special Judge (SC/ST Act), Kanpur Dehat in MACP No.80 of 2015.

Challenging the award, learned counsel for the appellant has contended that the

driver of the offending tempo was under the influence of liquor at the time of

accident. It is submitted that the offending tempo was being plied without

having valid permit, and as such the owner has committed breach of policy.

Accordingly, it is submitted that there was a breach of policy on two counts;

firstly, the driver was under the influence of the liquor and secondly, the tempo

was plied without valid permit. Thus, it is contended that the Insurance

Company should have been given right of recovery by