- (1.) The appellant/insurance company has preferred this appeal against the award dated 07.05.2011 passed by learned Motor Accident Claims Tribunal in Claim Petition No.391/2010 whereby the claimants have been awarded a total compensation of Rs.8,37,850/- with interest @ 8% per annum for the death of Sh.Joginder Kumar in the fatal accident.
(2.) The grievance of the appellant/insurance company agitated before this Court is restricted to grant of recovery rights. Mr.Sameer Nandwani, Advocate appearing on behalf of appellant/insurance company has drawn the attention of this Court to the fact that the driving licence issued to the driver Balram Singh, who is respondent no.7 before this Court, was only for driving light motor vehicles (LMV). On the date of accident, the driver Balram Singh was driving a Taxi, which is a commercial vehicle. The learned Tribunal failed to grant recovery rights to the insurance company despite the fact that the offending vehicle bearing registration No.HR-55-FT-9021 was a taxi being driven by a person not holding driving licence to drive commercial vehicle, hence the recovery rights should have been granted to the insurance company. Learned counsel for the appellant has relied upon Sanjay vs. Suresh Chand & Ors., 2012 7 AD(Del) 561, National Insurance Company ltd. vs. Shadab & Ors., 2014 1 AD(Del) 421 and Oriental Insurance Co. LTd. vs. Cheruvvakkara Nafeessu & Ors., 2001 2 SCC 491 in support of his contentions.
(3.) I have considered the submissions made on behalf of the appellant/insurance company and carefully gone through the record.;