DARSHAN SINGH,J. - (1.) The present appeal has been preferred by the appellant- United India Insurance Company Ltd. (respondent No.3 in the claim petition) against the award dated 15.12.2014, passed by learned Motor Accidents Claims Tribunal, Hoshiarpur, (hereinafter called the 'Tribunal'), vide which learned Tribunal has awarded the compensation to the tune of L 6,90,112/- along with interest on account of death of Smt. Gurdai Rani in the motor vehicular accident, which took place on 31.08.2011.
(2.) Mr. Harsh Aggarwal, Advocate, learned counsel for the appellant-Insurance Company contended that the appellant-Insurance Company was not liable to pay the amount of compensation as respondent No.5-insured has violated the terms and conditions of the insurance policy. He had handed over his car to respondent No.4 Surjit Singh, who was not holding any driving licence to drive the car. He contended that even the learned Tribunal in its findings under issue No.3 has categorically held that respondent No.4 Surjit Singh was having the driving licence only for the motorcycle and he does not have any licence to drive the car or the light motor vehicle. But, still the learned Tribunal has fastened the liability upon the appellant-Insurance Company which is illegal. He contended that as the insured had handed over his vehicle to the person who was not having the driving licence which is the deliberate violation of the terms and conditions of the insurance policy. So, the appellant-Insurance Company cannot be held liable for payment of the amount of compensation.
(3.) On the other hand, learned counsel for respondent No.5- insured contended that at the time of the accident, the vehicle was stationary. The mechanism of the vehicle was stopped. So, even if respondent No.4 Surjit Singh was not holding the driving licence to drive the car, that will be of no legal consequence and appellant-Insurance Company shall remain liable to indemnify the insured.;