NATIONAL INSURANCE CO LTD Vs. VIMLA SHARMA

JUDGEMENT

(1.) THE Appellant National Insurance Company Limited impugns the judgment dated 04.07.2009 whereby a compensation of Rs. 8,39,375/- along with interest @ 7% per annum was granted in favour of Respondents No.1 to 6.

(2.) THE only ground of challenge is that Ijjajuddin Respondent No.7 was holding a licence to drive a motor cycle and motor car. He did not possess any licence to drive a transport vehicle i.e. Tata 407 bearing No.DL-1LG-1849 involved in the accident and thus, the Insurance Company had no liability to pay at all.

(3.) SIMILAR view was taken in New India Assurance Co., Shimla v. Kamla and Ors., (2001) 4 SCC 342, Oriental Insurance Co. Ltd. v. Zaharulnisha and Ors., (2008) 12 SCC 385, National Insurance Company Limited v. Geeta Bhat & Ors., 2008 (12) SCC 426, and National Insurance Company Limited v. Laxmi Narain Dhut, (2007) 3 SCC 700.