National Insurance Co Ltd vs Anil Kumar And Others
2023 Latest Caselaw 19741 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:151460
 
Court No. - 2
 

 
Case :- FIRST APPEAL FROM ORDER No. - 2927 of 2003
 

 
Appellant :- National Insurance Co Ltd
 
Respondent :- Anil Kumar And Others
 
Counsel for Appellant :- S.K. Mehrotra
 

 
Hon'ble Saral Srivastava,J.

1. Heard Sri Siddharth Jaiswal, Advocate holding brief of Sri S.K. Mehrotra, learned counsel for the appellant and learned counsel for the respondents.

2. The present appeal has been filed by the appellant-insurance company challenging the award dated 06.09.2003 passed by Motor Accident Claims Tribunal, Gorakhpur in M.A.C.P. No.42/2001.

3. Challenging the award learned counsel for the appellant has contended that once the Tribunal has recorded a finding that owner of Truck No.U.S.S. 620 has committed breach of policy as the driver of the truck was not holding valid driving licence to drive the truck, the Tribunal should have absolved the Insurance Company. Thus, it is contended by learned counsel for the appellant that direction of the Tribunal to the Insurance Company to pay the award and recover from the owner is illegal and not sustainable in law.

4. Be that as it may, in view of the judgment of Apex Court in the case of National Insurance Company Ltd. Vs. Swaran Singh & Others, AIR 2004 SC 1531, wherein Apex Court has held that in case breach of terms and conditions of policy, the insurance company should pay the award and thereafter recover it from the owner of the vehicle, this Court does not find any illegality in the direction given by the Tribunal to the insurance company to pay the award and recover it from the owner.

5. In such view of the fact, the appeal lacks merit and is accordingly dismissed.

Order Date :- 28.7.2023

R.S. Tiwari