ORIENTAL INSURANCE CO LTD Vs. RAJINDER

JUDGEMENT

(1.) QUESTION for consideration in the present appeal is whether driver had a valid licence at the time of accident?

(2.) BRIEF facts are that respondent No. 1 filed a petition claiming compensation of Rs. 8,00,000 (rupees eight lakh) on account of injuries sustained by him in a road accident. Respondent No. 2 was the driver, while respondent No. 3 was the insured of the offending vehicle. Trial court vide judgment dated 12.1.2004, awarded compensation to respondent No. 1. Appellant being the insurer was directed to make the payment.

(3.) IN support, learned counsel for the appellant cited following judgments: (i) New INdia Assurance Co. Ltd. v. Suresh Chandra Aggarwal, 2009 ACJ 2697 (SC); (ii) National INsurance Co. Ltd. v. Swaran Singh, 2004 ACJ 1 (SC); and (iii) National INsurance Co. Ltd. v. Jarnail Singh, C.A. No. 7244 of 2001; decided on 17.10.2001.