NATIONAL INSURANCE CO LTD Vs. NARMADA RAI

JUDGEMENT

(1.) The Appellant impugns a judgment dated 03.09.2002 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby while awarding a compensation of Rs. 22,500/-, the Appellant's defence of breach of policy condition was rejected.

(2.) It is urged by the learned counsel for the Appellant that the Respondent No.2 Adbul Qadir, the driver of the offending vehicle was challaned by the police for offences under Section 279 and 338 IPC apart from under Section 3 read with Section 112 of the Motor Vehicles Act, which sufficiently established that the driver did not possess a valid driving licence. It is urged that this indicates the breach of the condition of the policy was writ large. Appellant was, therefore, entitled to at least recovery rights against the insured.

(3.) The Claims Tribunal dealt with the question of breach of the policy condition in paras 16 and 17 of the impugned judgment, which are extracted hereunder: