ABBA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is by the owner of a motor vehicle that was involved in an accident. The claims Tribunal passed an award in favour of the injured claimant and directed the insurer to pay the award amount to the claimant after holding that the insurer was entitled to reimbursement from the insured, the appellant.

(2.) The appellant/owner and the driver of the vehicle jointly engaged the same Counsel before the Tribunal, but did not file any pleadings in answer to the claim petition. The insurer contended that the driver did not have any valid licence to drive a goods carriage, the type of the vehicle that was involved in the accident. Through Ext. B-2, it came out in evidence that, on the date of accident the driver possessed licence only to drive light motor vehicles and it was long thereafter that he came to have badge in terms of the Motor Vehicles Rules, to drive goods vehicles. These facts are also not in dispute.

(3.) The learned Counsel for the appellant/ owner relying on the decision of the Apex court in National Insurance Co. Ltd. v. Swaran singh, urged that for the insurer, to be absolved from liability, there must be pleadings and proof on the side of the insurer that the driver did not possess the necessary licence to drive the type of the vehicle involved in the accident but also that non-possession of such a licence was the reason for the accident and further that the owner had consciously authorised the driver to drive the vehicle, after having known that the driver did not possess the necessary licence.