- (1.) The present appeal has been filed by the Insurance Company challenging the impugned award dated 30.9.1995, passed by the learned Motor Accident Claims Tribunal, Rohtak (in short 'the Tribunal"), vide which, a sum of Rs. 55,000/- has been awarded to the claimants, as compensation and the Insurance Company alongwith the driver and owner of the offending vehicle has been held liable to pay the compensation. Learned counsel for the Insurance Company-appellant submits that the driving licence held by the driver was fake at the time of accident. He refers to Ex. R-3 and submits that as per the verification report from the office of District Transport Officer, Guwahati, driving licence No. 7654 of 89/A/SOL was never issued by that authority. Therefore, it is a clear breach of terms and conditions of the Insurance Policy. He seeks recovery rights.
(2.) On the other hand, the learned counsel for respondent No. 6 submits that after taking driving test and satisfied with the driving licence held by the driver as genuine, he employed the driver. Therefore, the insured is not at fault. In support of his contentions, he cites Pepsu Road Transport Corporation v. National Insurance Company, 2013 4 RCR(Civ) 273.
(3.) I have heard the learned counsel for the parties and perused the case file carefully.;