ORIENTAL INSURANCE COMPANY LTD Vs. BALWANTSINH SHANTILAL PARMAR

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - Insurance Company, being aggrieved and dissatisfied with the judgment and award dtd. 18/4/2013 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra in Motor Accident Claim Petition No. 494 of 2009, by which the Tribunal has awarded compensation of Rs.5,14,000.00 with 9% per annum interest to the claimants, holding Opponents liable, jointly and severally.

(2.) Brief facts of the case are as under:

(3.) Learned advocate Mr.Maulik Shelat for the appellant insurance company has submitted that the main issue involved in this appeal is that the claimant is a third party, though admittedly, he was travelling in insured's passenger carrying commercial vehicle - transport vehicle. He has submitted that as per the information of driving licence on record, it is proved that the driver of the insured's Chhakdo Rickshaw was holding licence to drive only auto rickshaw - Non Transport having n endorsement to drive transport vehicle - passenger carrying Chhakdo rickshaw and therefore, he has submitted that in view of the judgments of Hon'ble Apex Court in the case of :- (i) National Insurance Company Limited versus Kusum Rai reported in (2006) 4 SCC 250 and (ii) The New India Insurance Company Limited versus Roshanben Rahemansha Fakir reported in (2008) 8 SCC 253, the driver of the insured transport vehicle was not holding valid driving licence and therefore, the insurance company could not be held liable to pay the amount of compensation as there is a breach of condition of the insurance policy. He has further submitted that in view of the decision of the Hon'ble Apex Court in the case of National Insurance Company Limited versus Geeta Bhat reported in AIR 2008 SC 1837, the Tribunal has erred in not exonerating the insurance company as the driver of commercial vehicle (Rickshaw) was not holding valid and effective driving licence. He has further submitted that the judgment of Hon'ble Apex Court in the case of Mukund Dewangan versus Oriental Insurance Co. Ltd., reported in AIR 2017 SC 3668 is recently referred to the larger Bench and therefore, the present appeal is required to be allowed on the ground that the driver is not holding valid driving licence.