TATA AIG GENERAL INSURANCE CO LTD. Vs. RELA

JUDGEMENT

(1.) VIDE these appeals, the appellant/ TATA AIG General Insurance Company Ltd. has assailed the common award dated 21.01.2014, whereby the learned Tribunal has granted compensation for a sum of Rs.12,500/ - in Claim Petition No.293/2013, Rs.70,000/ - in Claim Petition No.291/2013, Rs.10,000/ - in Claim Petition No.289/2013 and Rs.35,000/ - in Claim Petition No.290/2013 with interest at the rate of 9% per annum from the date of filing of the claim petition till realization of the amount in favour of the respondents/claimants.

(2.) THE sole ground taken in these appeals is that since the respondent No.3, i.e., owner of the offending vehicle is not liable to pay the compensation, therefore, the Insurance Company is not required to indemnify the same.

(3.) FACTS of these cases are that the respondent No.2, i.e., driver of the offending vehicle had taken the keys of the offending Car bearing registration No. DL 3C BE 1075 without the knowledge and consent of the respondent No.3, i.e., owner of the offending vehicle, who did not know whether the respondent No.2 knew how to drive the car. Therefore, there was no wilful breach of the terms and conditions of the insurance policy by the respondent No.3.