NATIONAL INSURANCE COMPANY LTD. Vs. JAGRAM AND ORS.

JUDGEMENT

(1.) Jag Ram, then aged 86 years, first respondent, since deceased and represented by his legal heirs, suffered injuries in a motor vehicular accident that occurred on 31.03.2006 on being hit by a car bearing registration no.DL -9CD -3204 (the car). He preferred a claim petition under Ss. 166 & 140 of the Motor Vehicles Act, 1988 (the MV Act) before the motor accident claims tribunal (the tribunal) on 31.01.2010 whereupon it was registered as suit no. 340/2006. The car was admittedly insured against third party risk with the appellant company (insurer) for the period in question, it having been impleaded as party respondent in addition to the driver (Avinash Jha) and the owner (Anil Kumar Aggarwal) of the car.

(2.) It appears that the driver did not contest the claim petition. The insurance company while admitting its liability to indemnify took up the defence that there had been breach of terms and conditions of the insurance policy as the driver was not holding a valid or effective licence.

(3.) The tribunal awarded compensation in the sum of Rs. 1,61,200/ - with interest in favour of the claimant, the said amount being inclusive of medical expenses to the tune of Rs. 1,22,200/ -. The defence taken by the insurance company based, inter -alia, on the evidence of Dinesh Kumar Sikka (R2W1) was, however, rejected and it was called upon to make the payment in terms of the indemnity clause.