ORIENTAL INSURANCE COMPANY LTD. Vs. MASTER SATISH

JUDGEMENT

(1.) It is not in dispute that the insured had allowed his minor son to drive the vehicle which was insured. It is also not in dispute that the minor son of the insured did not have any driving licence.

(2.) Issue is no longer res integra. In the decisions reported as Malla Prakasarao Vs. Malla Janaki, I (2006) SLT 356 = 1 (2006) ACC 300 (SC) = (2004) 3 SCC 343 , and National Insurance Company Ltd. Vs. Jarnail Singh & Ors., 2001 (Suppl. II) 218 , dealing with an instance of no driving licence at all, Supreme Court has held that the Insurance Company cannot be saddled with the liability to satisfy the award and thereafter recover the sum from the insured.

(3.) The breach of term of the contract of insurance was held to be a fundamental breach.