Ajay Tewari, J. - (1.) THIS appeal has been filed by the owner against the award of the Tribunal granting recovery rights to the insurance company. Brief facts are that on 11.6.2004 the deceased and her brother -were going on a scooter from Hoshiarpur -Tanda road to Bunga. When they reached near Hariana, the offending vehicle which was being driven rashly and negligently by the appellant struck against the scooter and the driver of the scooter died.
(2.) WHILE deciding the claim petition the Tribunal found that the licence of the appellant had expired one year prior to the date of the accident. Consequently the Tribunal directed the insurance company to first pay the compensation amount and to thereafter recover it from the appellant. Learned counsel for the appellant has firstly sought to argue that the accident was not proved because in the FIR it has been mentioned that the offending vehicle was a Qualis while the vehicle of the appellant was a Tata Safari.
(3.) LEARNED counsel for the respondents have argued that originally just after the accident in the FIR. it was mentioned that the vehicle was a Qualis but thereafter subsequently statement was recorded in which it was correctly mentioned that the vehicle was a Safari. Further they have asserted that the driver of the appellant himself admitted the accident.;