SHRI SIDDHARTH GROVER Vs. KUSMA DEVI

JUDGEMENT

(1.) A very short question arises for consideration in these two Appeals, that is, whether the Respondent New India Assurance Company Limited proved the breach of the terms and conditions of the policy on the part of the insured so as to avoid its liability.

(2.) By the impugned judgment while awarding compensation in the two Claim Petitions,in favour of the Claimants the Motor Accident Claims Tribunal (the Claims Tribunal) granted recovery rights holding that as per the driving licence Ex.R3W1/G the driver of the offending vehicle (Respondent Nasiruddin) was authorized to drive only a Light Motor Vehicle (Commercial); and since the vehicle involved in this accident was a Heavy Motor Vehicle, the insured committed breach of the terms and conditions of the policy.

(3.) It is not disputed that the vehicle involved in the accident was a Heavy Motor Vehicle. It is also proved that a notice Ex.R3W1/A under Order XII Rule 8 CPC was served upon the driver and the owner to produce the driving licence No.C08102002317657 issued on 28.10.2002 and which was to expire on 27.10.2005. This driving licence was issued by the Licensing Authority, North West Zone, Delhi on 06.02.2000 and was renewed on 28.10.2002. The Respondent Insurance Company did not ask the driver and the owner to produce any other driving licence which might be valid to drive a Heavy Motor Vehicle.