NEW INDIA ASSURANCE COMPANY LTD Vs. RASHI LAL

JUDGEMENT

(1.) The Appeal is directed against a judgment dated 29.01.2005 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs. 9,95,000/- in favour of the First Respondent, the Appellant's (New India Assurance Company Limited) plea of breach of the terms and conditions of the policy was rejected on the ground that the Appellant failed to prove that there was willful breach on the part of the Insured.

(2.) The finding on negligence is not challenged by the Appellant Insurance Company. The other Respondents, that is the driver and financer (defecto owner) of the vehicle have also not challenged the quantum or the finding on negligence. Thus, the same has attained finality.

(3.) The short ground raised by Mr. Joy Basu, learned counsel for the Appellant Insurance Company is that once it was proved that the vehicle was being driven by Gopal (a minor not possessing a driving licence), it was for the Respondent No.3 to have come forward with an explanation as to how Gopal came in possession of the vehicle and as to what were the precautions which were taken by him so that the vehicle does not come in the hands of an unauthorized person. It is contended that the Respondent No.3 had been shifting his stand from the time of filing of the written statement and the initial onus being discharged by the Insurance Company, it was for the Respondent No.3 to have proved that he had taken all steps not to commit the breach of the terms and conditions of the policy.