REKHA MITTAL,J. - (1.) The present appeal has been directed against award dated 29.4.2016 passed by the Motor Accident Claims Tribunal, Kurukshetra (in short "the Tribunal") whereby compensation has been awarded in favour of Smt. Usha Sharma and others in regard to death of Satyawan in a motor vehicular accident on 24.4.2015.
(2.) Counsel for the appellant has sought to assail the award primarily on two counts. The first submission made by counsel is that driver of the offending vehicle Bolero Maxi Milk Tanker bearing No. HR-64-9458 was not holding a valid driving licence to drive a commercial vehicle, therefore, the insured is guilty of committing breach of the terms and conditions of the contract of insurance giving valid defence to the insurer to avoid its liability under Section 149(2) of the Motor Vehicles Act, 1988 (in short "the Act"). In the alternative, it is argued that even if the insurer is held liable to pay compensation to the claimants being third party, the appellant may be given recovery right against the insured.
(3.) The second submission made is that the learned Tribunal has allowed benefit of increase in income by way of future prospects despite the fact that the matter with regard to future prospects is pending consideration before a larger bench of Hon'ble the Supreme Court of India in reference made in National Insurance Co. Limited v. Pushpa and others.;