NEW INDIA ASSURANCE CO LTD Vs. MUSTAKEEN

JUDGEMENT

(1.) The Appellant impugns the judgment dated 16.09.2008 whereby a compensation of Rs.2,48,000/- was awarded for the death of minor child Santosh Kumar. The amount has already been paid by the Appellant/Insurance Company.

(2.) The only ground of challenge is that the driver of the offending vehicle namely, Mohd. Mustkim, the Respondent No.1 herein did not possess a driving licence and, therefore, there was breach of the terms of the Insurance r/w 149 (2)(viii) (ii) entitled the Appellant to avoid the insurance policy. It is submitted that the Appellant ought to have been granted recovery rights against the owner and the driver of the vehicle.

(3.) The learned counsel for the Appelant places reliance on the charge-sheet filed against the Respondent No.1 on the basis of the FIR No. 428/99, P.S. Sangam Vihar wherein the Respondent No. 1 was challaned for not possessing a driving licence at the time of the accident.