National Insurance Company vs Vijenderi Devi And 3 Others
2021 Latest Caselaw 2664 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- FIRST APPEAL FROM ORDER No. - 138 of 2021
 

 
Appellant :- National Insurance Company
 
Respondent :- Vijenderi Devi And 3 Others
 
Counsel for Appellant :- Nagendra Kumar Srivastava
 

 
Hon'ble Vivek Agarwal,J.

1. Heard Sri Nagendra Kumar Srivastava, learned counsel for the appellant.

2. This appeal has been filed by the Insurance Company being aggrieved of the award dated 14.10.2020 passed by learned Presiding Officer of the Motor Accident Claims Tribunal, Aligarh in M.A.C.P. No.716 of 2016 on the ground that learned Tribunal erred in not accepting a fact that driver of the offending motorcycle bearing Registration No.HR-30-N-8083 was not having a valid driving license to drive a two wheeler/motorcycle, but was having a license to drive L.M.V., therefore, Tribunal should have directed the Insurance Company to satisfy the award qua claimants reserving a liberty in their favour to recover the same from the owner-driver of the motorcycle.

3. In support of this contention, it is submitted that Tribunal despite noting a fact that, driving license filed as paper No.9-Ga/05 was issued on 04.10.1995 and was valid upto 14.10.2020 to drive transport and non-transport vehicle overlooked a fact that there was no endorsement on the driving license to drive a motorcycle. In support of this contention, learned counsel has produced and relied upon the extract of driving license, which is enclosed with the memo of appeal as Annexure-2.

4. After hearing learned counsel for the appellant, it is apparent that facts of the present case are squarely covered with the judgment of Hon'ble Supreme Court in case of Oriental Insurance Company Ltd. Vs. Zaharulnisha and others; (2008) 12 SCC 385, wherein, it is held that, if a person holds license to drive vehicles of a totally different class from that specified in the license, then such driving license will not be valid and the Insurance Company cannot be held liable to pay the amount of compensation to the claimants.

5. In the present case, since facts are identical, appeal is allowed. However, it is directed that the appellant-Insurance Company, though, not liable to pay the amount of compensation, but in the nature of this case, it shall satisfy the award and shall have the right to recover the amount deposited by it along with the interest from the owner of the vehicle.

6. In above terms, appeal is allowed and disposed off.

7. At this stage, learned counsel for the appellant submits that, if any, amount deposited by the insurance company, in compliance of the provisions contained in Section 173 of the Motor Vehicles Act, be remitted to the Claims Tribunal to be adjusted from the claim amount.

8. This prayer is allowed. Registry is directed to do the needful.

Order Date :- 19.2.2021

Ashutosh