ORIENTAL INSURANCE CO. LTD Vs. TABREEZ AHMED

JUDGEMENT

(1.) AGGRIEVED by the order of the Tribunal in granting compensation to the claimants, fixing the liability on the insurer to settle the claim, the insurer has filed this appeal.

(2.) THE 1st contention of the learned Counsel appearing for the appellant is that the tribunal committed an error in misreading the material evidence on record. That the driver of the vehicle possessed licence to drive the four wheeler, that the vehicle involved was a two wheeler. The class of vehicle is different. Therefore there is violation of terms of the policy which would absolve the insurer from satisfying the award. The second contention is that the tribunal misread the Judgment relied upon by the insurer in the case of Oriental Insurance Company Ltd., vs. Zaharuhnisha and Others reported in : 2008 (12) SCC 385. That rather than reading the relevant paragraph the tribunal considering the Head Notes and misread the dicta of the Hon'ble Supreme Court. Hence she pleads that the appeal be allowed and to absolve the insurer from his liability.

(3.) SRI Bapugowda Siddapa, the learned counsel for respondent No. 2 -the owner of the vehicle contends that there is no evidence let -in by the insurer in order to show the existence or the non -existence of the licence namely, the officer of the RTO has not been examined. Therefore such a contention cannot be accepted.