ORIENTAL INSURANCE CO LTD , THROUGH ITS DIVISIONAL MANAGER, THROUGH ITS DIVISIONAL OFFICE Vs. ANNEMMA W/O LATE IRANNA JAVALGI

JUDGEMENT

(1.) This is an insurer's appeal aggrieved by the judgment and award passed by the II Additional Senior Civil Judge & MACT, Kalaburagi, (hereinafter referred to as 'the Tribunal' for short) whereby while allowing the claim petition filed by the respondent Nos.1 to 3 (claimants hereinafter). The appellant/insurer is directed to satisfy the award.

(2.) The crucial question raised in this appeal is, whether the Tribunal was justified to indemnify the Insured/Appellant to satisfy the claim of the third party though there was gross violation on the part of the owner in driving the vehicle without a license to drive the said vehicle and thereby causing the accident.

(3.) Learned counsel for the appellant Sri S.S.Aspalli, submits that the respondents are the widow and children of deceased Iranna who died in the vehicular accident dated 23.01.2013 due to rash and negligent driving of motor cycle bearing Reg.No.KA-32-Y- 1544. Jurisdictional police registered a case against the owner / respondent No.4 and after enquiry charge sheet is submitted against him and the said fact is brought on record before the Tribunal by the claimants itself. The owner of the vehicle though appeared before the Court through his counsel did not contest the claim thereafter. A full fledged enquiry was held. The Tribunal though found that the accident was due to rash and negligent driving of the motorcycle by its owner, fastened the liability against the Insurance company, despite the insurer brought on record that the owner of the vehicle did not possess driving licence to drive the motorcycle. The insurer had produced the copy of the legal notice issued to the owner calling upon him to produce the driving licence. Copy of the said legal notice and a postal endorsement marked were as Ex.R3 to Ex.R5. There was a clear breach of contract between insured and the insurer to bind over the insurer to the terms of the contract of insurance. Policy/ Ex.R1 was required for the owner to establish that he holds valid driving license to drive the vehicle. As per schedule of premium of Ex.R1, a claim is not admissible, even if driving license is found to be fake or not valid. In the absence of the driving license, the Insurance company deserves be absolved of its liability from answering the claim.