MALA JAIRATH Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The sole question for determination in the Appeal is whether the Respondent i.e. the Oriental Insurance Company has been able to prove the willful breach of the terms of the policy so as to entitle it to the recovery rights as granted by the Claims Tribunal by the impugned order.

(2.) A compensation of Rs.25,000/- was awarded to the LRs of the deceased Issac Joseph who died during the pendency of the Claim Petition. It is alleged that the said Issac Joseph sustained injuries in an accident which occurred on 10.11.1997. The offending car bearing No.DL-6C-2735 was driven by its owner, the Appellant herein. While dealing with the issue of liability, the Claims Tribunal held as under:-

(3.) It is urged by the counsel for the Appellant that it was established on record that a driving license Ex.R3W1/D was issued to the Appellant on 05.08.1985, which was renewed on 23.09.1999. The Respondent Insurance Company did not produce any evidence that the Appellant did not possess a valid driving licence on the date of the accident. I have gone through the testimony of R3W1 Anil Nagpal who proved the verification report Ex.PW2/E. He testified that this licence was issued on 05.08.1985 and renewed on 23.09.1999. He deposed that the report did not reveal the status of the D/L on the date of accident i.e. 10.11.1997.