NATIONAL INSURANCE CO. LTD Vs. PHOOL DEVI

JUDGEMENT

(1.) THE Appellant National Insurance Company Limited takes exception to a judgment dated 15.01.2011 passed by Motor Accident Claims Tribunal (the Claims Tribunal) solely on the ground that while awarding a compensation of Rs. 2,23,040.00 in favour of the Respondents No. 1 to 7, the Appellant was made liable to pay the compensation, in spite of the fact that Respondent No.8, driver of the TSR No.DL-1RC-0720, possessed a driving licence to drive only LMV (NT) and a motorcycle and was not competent to drive a transport vehicle (commercial). Thus, the Appellant was entitled to recovery rights.

(2.) THE learned counsel for the Appellant contends that the reliance on National Insurance Company Limited v. Annappa Irappa Nesaria (2008)

(3.) THE Appellant also examined Naresh Chand (R4W2) clerk from the office of MLO West Zone-I. He testified that the Respondent Jai Kant Kumar possessed driving licence No. P04022005424935 to drive LMV (NT) and motorcycle. He deposed that the holder of the licence was not competent to drive a TSR as the same fell in the commercial category. No other licence was produced by the owner driver inspite of service of the notice except Ex.R4W1/1. The insurance policy was duly proved as Ex R4W1/6. Thus, the Appellant-Insurance Company successfully proved the breach of the terms and conditions of policy.