- (1.) Heard Sri Viqar Ahmed Ansari, learned Counsel for the appellant-Oriental Insurance Company Limited. The Motor Accident Claims Tribunal vide impugned award dated 16.7.2011 has awarded a sum of Rs. 31,224/- to the claimant-respondent with 8% interest.
(2.) The submission of the learned Counsel for the appellant is that the driver of the vehicle was not having a valid license and therefore the Tribunal erred in directing the appellant to satisfy the award and to recover the amount from the owner.
(3.) In a case of motor accident the primary liability to make good the loss suffered is upon the driver of the offending vehicle and the owner is vicariously liable. On the vehicle being insured the insurer takes over the said liability subject to the conditions of the policy, however where there is violation of the conditions of the policy the liability shifts upon the owner.;