NATIONAL INSURANCE CO LTD Vs. VIDHYADHAR MAHARIWALA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Rajasthan High Court at Jabalpur dismissing the appeal filed by the appellant under Section 173 of the Motor Vehicles Act, 1988 (in short the 'Act'). Challenge in the appeal was to the award made by the Motor Claims Appellate Tribunal, Ratangarh (Churu) (in short 'MACT) in Claim Case No.89 of 2004. By the said award, a sum of Rs.4,03,650/- was awarded to the claimant-respondent No.1 in the appeal. The dispute related to the rejection of appellant's claim for exoneration on the ground of violation of policy condition. It was pointed out that the driving license of the driver of the offending vehicle was not in force on the date of accident.

(3.) Factual position in detail need not be indicated because the issue relates to the liability of the insurance company as the driving license was not valid on the date of the accident.