MUSAWAR ALI Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THE Appellant Musawar Ali who is owner of vehicle No. DL 1LJ 8931which caused the accident resulting into fatal injuries on Najmun Khatoon impugns the judgment dated 19.05.2010 whereby while awarding a compensation of `2,37,000/-, the Claims Tribunal granted recovery rights to the United India Insurance Co. Ltd.(the insurer), the insurer of the offending vehicle against the Appellant. Para 24 of the impugned judgment is extracted hereunder:

(2.) THERE is no dispute about the proposition of law as held in United India Insurance Company Ltd. v. Lehru & Ors, (2003) 3 SCC 338 and National Insurance Company Ltd. v. Swaran Singh & Ors, (2004) 3 SCC 297 that the insurer must prove that there was willful breach on the part of the insured to avoid liability. In United India Insurance Company Ltd.(supra) v. Lehru & Ors (supra), in para 20 it was held as under:

(3.) IN view of the above discussion, it is clear that in the absence of any specific plea by the Appellant as to the steps taken by him to show that he exercised due diligence, it cannot be said that he acted diligently in entrusting the vehicle to the driver. IN view of the facts and circumstances of the case, it was established that there was willful breach on the part of the insured. No fault can be found with the impugned order granting recovery rights to the First Respondent. The Appeal is devoid of any merit; it is accordingly dismissed. No costs.