•  Motor Vehicles Act, 1988 (59 of 1988) Section 174 – Award – Recovery rights had been given to the Insurance Company to recover the amount from judgment-debtor – Truck was driven by the minor – Contract of insurance cannot be said to be void on this ground which was obtained by the father of the owner – Employer had given his motorcycle to the third respondent as driver – Having employed a person whose licence has been proved to be fake by the Insurance Company before the Tribunal – The same was issued from Licensing Authority, Panchkula, which was duly stamped and signed and thus the petitioner handed over his motorcycle to him – Had raised the objection against the execution in view of the provisions of Order 32 Rules 3,4 and 5 of CPC as he was not properly represented before the learned Tribunal and the learned Tribunal also did not appoint a Court guardian for the minor objector – Held Insurance cannot be absolved from the liability to pay compensation – Hence, respondent/Insurance company is liable to indemnify the petitioner and hence, there can be no recovery of the compensation already paid to the claimants. (2018-3) PUNJAB LAW REPORTER

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