SURESH AGGARWAL Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE Appellant Suresh Aggarwal, owner of Maruti car No.DL - 8CA -6184 impugns the judgment dated 04.02.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.2,98,432/ - (including an interim compensation of Rs.50,000/ -) it held that there was breach of the terms of the policy committed by the Appellant (the Insured) thus, while making the Respondent M/s. New India Assurance Company Limited liable to pay the compensation granted recovery rights against the Appellant.

(2.) IT is admitted case of the parties that Suraj Pal Singh (Respondent No.1 before the Claims Tribunal) was holding a learner's licence to drive a motor car. As per PW -4 Khurshid Khan's (an eye witness) testimony on 16.06.1998 at about 10:00 A.M. he was present in the Campus of the Transport Authority, Mr. Kishan Sethi, MVI (Motor Vehicle Inspector) was taking trial of the persons who were holding a learner's licence for issuance of the driving licence. He and one Kishan were sitting in his (PW -4's) Car No.DL -6C -3261 whereas the injured Khalil was standing near his car. Car No.DL -8CA -6184 driven by Suraj Pal Singh came from the right side. The driver could not control the car and hit his car. Khalil (the injured) suffered injuries which proved fatal.

(3.) THE Claims Tribunal opined that the said Suraj Pal Singh possessed only a learner's licence. There was no indication that any plate with the letter 'L' was placed on the front and on the rear side of the vehicle and that Suraj Pal Singh was accompanied by any person at the time of driving the vehicle. Thus, the Claims Tribunal held that the owner i.e. the Appellant committed breach of the terms of policy and consequently granted recovery rights to the Respondent Insurance Company.