DIVISIONAL MANAGER, ORIENTAL INSURANCE CO LTD Vs. ASHABAI

JUDGEMENT

(1.) The appeal in M.F.A.No.23825/2012 has been preferred by the appellant/Insurer and M.F.A.No.21372/2012 has been preferred by the claimant challenging the judgment and award passed by the MACT-VII, Bilagi, in M.V.C.No.656/2008 dated 13.01.2012.

(2.) I have heard the learned counsel appearing for the parties.

(3.) The accident in question is not in dispute so also the involvement of the offending vehicle insured with the appellant/insurer. It is the submission of the leaned counsel for the appellant/insurer that the Tribunal without appreciating the fact that the driver of the offending autorickshaw was not possessing a valid and effective driving license to driver the transport vehicle as on the date of the accident, has fastened the liability on the appellant/insurer. He further submitted that when the driver of the offending vehicle did not possess the driving license to drive the transport vehicle, then under such circumstances the Tribunal ought to have dismissed the case as against the appellant/insurer. On these grounds he prayed to allow the appeal and to set aside the judgment and award passed by the Tribunal.