The New India Assurance Co Ltd vs Smt Farida & Ors
2016 Latest Caselaw 3827 Del

Citation : 2016 Latest Caselaw 3827 Del
Judgement Date : 20 May, 2016

Delhi High Court

The New India Assurance Co Ltd vs Smt Farida & Ors on 20 May, 2016

Author: R. K. Gauba

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                   Date of Decision: 20th May, 2016
+                         MAC.APP. 421/2013
       THE NEW INDIA ASSURANCE CO LTD                      ..... Appellant
                          Through:      Mr. J. P. N. Shahi, Adv.
                          versus
       SMT FARIDA & ORS                                    ..... Respondents
                          Through:      Mr. Ashwini Kumar, Adv. for R-5.


CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
                          JUDGMENT

R.K.GAUBA, J (ORAL):

1. On the claim petition of first to fourth respondents (the claimants), instituted on 18.10.2011 invoking Section 163-A of the Motor Vehicles Act, 1988 (the MV Act) registered as MACT no.209/12/11, the motor accident claims tribunal (the tribunal), by judgment dated 04.04.2013, returned the finding that Sarif, aged 40 years had died in a motor vehicular accident that occurred involving use of motor vehicle bearing registration no.HR-55M- 2022 and awarded compensation, calling upon the insurer to pay, it having concededly issued an insurance policy covering such risk in respect of vehicle for the period in question.

2. The insurance company had pleaded before the tribunal that there was a breach of terms and conditions of the insurance policy as the driver (the

deceased himself) did not hold a valid or effective driving license. This plea was rejected by the tribunal, which view is assailed by the appeal at hand.

3. Having regard to the fact that the claim petition had been brought before the tribunal under Section 163-A of the MV Act in which proceedings the issue of negligence does not even arise for consideration, it cannot be said that the absence of a driving license had contributed to the cause for accident resulting in the plea of insurance company to be accepted [National Insurance Company V. Swaran Singh (2004) 3 SCC 297].

4. The appeal is unmerited and therefore dismissed.

5. The statutory amount, if deposited, shall be refunded.

R.K. GAUBA (JUDGE) MAY 20, 2016 ssc