NEW INDIA ASSURANCE CO LD Vs. SUMIT KUMAR

JUDGEMENT

(1.) THESE two Appeals arise out of a common judgment dated 31.08.2009 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.8,51,976/- was awarded in Suit No.277/2008 (MAC APP.567/2009) for the death of Manju Devi; and a compensation of Rs.21,800/- awarded for the injuries suffered by Sumit Kumar in Suit No.268/2008 (MAC APP.568/2009) in a motor vehicle accident which occurred on 24.09.2006.

(2.) THE sole ground of challenge is that the driving licence No. A- 7565-RJ (Old No.A-1088-RJ-1993) purported to be issued by the Licensing Authority, Alwar was proved to be fake. The Appellant Insurance Company thus successfully proved the breach of the terms of policy.

(3.) IN United India Insurance Company Ltd. v. Lehru and Ors., (2003) 3 SCC 338 the Supreme Court held that the owner of a vehicle at the time of hiring a driver is not expected to visit the office of the Licensing Authority to verify the genuineness of the driving licence. If a driver produced a driving licence which on the face of it looks genuine and the owner is satisfied about the competency of the driver to drive the vehicle, he cannot be said to have committed willful breach of the terms of the policy and the Insurance Company cannot avoid its liability.