ALFA THERM LTD Vs. CHANDRA KALA

JUDGEMENT

(1.) THE question that falls for consideration in this Appeal is whether the Appellant who is the owner of DL-1C-QS-1912 was guilty of willful breach of the terms of policy as the licence held by Sandeep Kumar (the Ninth Respondent) issued by the Dehradun Authority was found to be fake.

(2.) BY the judgment dated 07.04.2010 the Motor Accident Claims Tribunal (the Tribunal) awarded a compensation of Rs. 10,18,440/-. M/s. Alfa Therm Limited, who is the owner of the offending vehicle impugns the award on the ground that although the Oriental Insurance Company Limited (the Eighth Respondent) failed to prove that there was willful breach of the terms of the policy, yet while awarding the compensation permitted the Insurance Company to recover the compensation from the Appellant and the driver (the Ninth Respondent) as per the procedure laid down in Oriental Insurance Co. Ltd. v. Shri Nanjappan and Ors., AIR 2004 SC 1630.

(3.) THE Eighth Respondent (the Insurer) took a general defence denying its liability in case the driver was not having a valid driving licence issued from the concerned Transport Authority. Para 6 of the written statement is extracted hereunder:- "6. That the answering Respondent shall have no liability in case it is held that the Respondent no.2 was plying the offending vehicle without having any valid registration certificate and Driving licence issued from the concerned authority."