National Insurance Company Ltd. Vs. Smt. Bhagali and ors. - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/770800 |
| Subject | Motor Vehicles |
| Court | Rajasthan High Court |
| Decided On | Jan-14-2009 |
| Judge | Prakash Tatia, J. |
| Reported in | 2009(2)WLN386 |
| Appellant | National Insurance Company Ltd. |
| Respondent | Smt. Bhagali and ors. |
| Disposition | Appeal allowed |
| Cases Referred | Ishwar Chandra and Ors. v. Oriental Insurance Co. Ltd. and Ors.
|
Excerpt:
motor vehicles act, 1988 - section 68--motor accident claim--liability of insurance company--driver not having valid licence on the date of accident--the accident occurred on 23.01.2005 and the licence of the driver driving the vehicle expired on 28.09.1993 and his licence was got renewed after accident on 25.01.2005--insurance company is not liable to pay compensation--in case, any amount has been paid to the claimant by the insurance company, that will be recoverable from the owner of the vehicle. - labour & servicesappointment: [shiv kumar sharma, ashok parihar & k.s. rathore, jj] merit list rajasthan secondary education act (42 of 1957), section 28 & rajasthan board of secondary education rules, rule 20 - held, improved marks obtained by candidate after re-appearing in examination..........learned counsel for the parties.2. the only point involved in this appeal is whether the appellant insurance company is liable to pay/reimburse the award amount in a case where at the time of accident, the driver had no valid driving license.3. in this case, the accident occurred on 23.01.2005 and the license of the driver driving the vehicle expired on 28.09.1993 and his license was got renewed after accident on 25.01.2005.4. in view of the judgment of the hon'ble supreme court delivered in the case of ishwar chandra and ors. v. oriental insurance co. ltd. and ors. reported in : (2007) 10 scc 650, the issue is no more res integra, hence, the appellant is not entitled to pay the compensation amount under the award dt. 15.06.2007 passed by motor accident claims tribunal cum labour court,.....
Judgment:Prakash Tatia, J.
1. Heard learned Counsel for the parties.
2. The only point involved in this appeal is whether the appellant insurance company is liable to pay/reimburse the award amount in a case where at the time of accident, the driver had no valid driving license.
3. In this case, the accident occurred on 23.01.2005 and the license of the driver driving the vehicle expired on 28.09.1993 and his license was got renewed after accident on 25.01.2005.
4. In view of the judgment of the Hon'ble Supreme Court delivered in the case of Ishwar Chandra and Ors. v. Oriental Insurance Co. Ltd. and Ors. reported in : (2007) 10 SCC 650, the issue is no more res integra, hence, the appellant is not entitled to pay the compensation amount under the award dt. 15.06.2007 passed by Motor Accident Claims Tribunal cum Labour Court, Sri Ganganagar in Claim Case No. 103/05. In case, any amount has been paid to the claimant by the Insurance Company, that will be recoverable from the owner of the vehicle.
5. In view of the above, this appeal is allowed.