- (1.) This first appeal from order field by the appellant-insurance company is directed against the judgment and award dated 10.10.2013 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, J.P. Nagar in M.A.C.P. No. 63 of 2009 (Chandra Prakash and another v. The Oriental Insurance Co. Ltd. and another) awarding a compensation of Rs. 6,59,000/- with interest @ 6% per annum from the date of filing of the claim petition till final payment to claimant-respondent No. 1. The appellant-insurance company has been directed to make payment of the awarded amount with a right to recover the same from the owner of the offending vehicle. Heard Sri Ashok Kumar Jaiswal, learned Counsel for the appellant. The sold argument advanced by learned Counsel for the appellant is that since the offending vehicle was being drive in violation of the terms and conditions of the insurance policy inasmuch as the permit to ply the vehicle was only valid within the State of Gujrat, Rajasthan and Delhi whereas the accident took place in district J.P. Nagar within the State of Uttar Pradesh and the owner who was driving the vehicle had no valid driving license, as such, the Tribunal has erred in law in fastening liability on the insurance company to pay the amount awarded and the liability ought to have been fastened on the owner of the vehicle.
(2.) We have considered the argument advanced by learned Counsel for the appellant.
(3.) The Tribunal has recorded a categorical finding that the permit for plying the offending vehicle was only valid within the State of Gujarat, Rajasthan and Delhi and thus it was being plied in the State of U.P. without any valid permit and the owner who was driving the offending vehicle had no valid driving license and thus the vehicle was being driven in violation of the terms and conditions of the insurance policy.;