ORIENTAL INSURANCE COMPANY LTD Vs. BS BHARGAV

JUDGEMENT

(1.) The Appellant Oriental Insurance Company Limited seeks recovery rights against Respondents No.2 and 3 for having paid the compensation of Rs. 97,565/- along with interest @ 8% per annum in favour of the First Respondent who suffered grievous injuries in a motor vehicle accident which occurred on 06.09.2006.

(2.) The only ground urged by the learned counsel for the Appellant is that during inquiry before the Motor Accident Claims Tribunal (the Claims Tribunal) it was established that the driving licence Ex.R3W1/C held by the driver Grunam Singh was not genuine. The Claims Tribunal erred in holding that the Appellant did not produce any evidence from the Transport Authority to prove that the driving licence was forged. It is urged that the letter dated 13.08.2009 was produced by the MLO, South Zone and was taken on record by an order of even date passed by the Claims Tribunal, yet the said certificate was not considered by the Claims Tribunal.

(3.) I would say that the Appellant's grievance that the certificate was not looked into is justified but still the Appellant has failed to prove that there was a willful and conscious breach of the terms of the policy entitling the Appellant to avoid the Insurance Policy. In this regard, it would be appropriate to refer to the pleadings of the parties.