HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER No. - 2863 of 2005 Court No. - 54 HON'BLE ANIL KUMAR-X, J. 1. Sri Achintya Kumar, holding brief of Sri Arvind Kumar, learned counsel for appellant is present. Service upon all respondents is deemed sufficient. 2. This instant appeal has been preferred with a prayer to set aside the judgment and order dated 10.8.2025 passed by the Motor Accident Claims Tribunal, Badaun in M.A.C. No. 320 of 2002. 3. Learned counsel for the appellant submitted that an amount of Rs. 2,16,000/- was awarded by the learned tribunal in favour of the respondent- claimant on account of the accident dated 12.10.2002. It was alleged that the deceased, Manoj Kumar, was hit by a tanker bearing registration no. UP-82- A/9395. It was further submitted that the driving licence produced during the proceedings was found to be fake upon verification by the investigating authority of the insurance company. The said fact was further corroborated by the report submitted by the concerned RTO office. However, the learned tribunal failed to take the said fact into consideration and fastened the liability to satisfy the award upon the insurance company. According to learned counsel for the appellant, the said finding is perverse and unsustainable in law. 4. Heard learned counsel and perused the impugned order. The submissions advanced by learned counsel for the appellant find support from the material available on record. The driving licence of the driver was found to be fake. Therefore, the liability fastened upon the insurance company to satisfy the award requires modification. Accordingly, the appeal is liable to be allowed in part. 5. The impugned award is modified to the extent that, although the insurance company shall satisfy the award in favour of the respondent-claimant, it shall Versus Counsel for Appellant(s) : Arvind Kumar Counsel for Respondent(s) : A.K. Srivastava, Sumit Srivastava National Insurance Company Limited .....Appellant(s) Mrs. Babli And Others .....Respondent(s) have the right to recover the amount so paid from the owner of the offending vehicle in accordance with law. September 9, 2026 Ujjawal FAFO No. 2863 of 2005 2 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad