ORIENTAL INSURANCE COMPANY LIMITED Vs. PARESHBHAI CHAMPAKLAL SONI

JUDGEMENT

(1.) This appeal has been preferred by the appellant/Insurance Company against the award passed by the Tribunal.

(2.) Learned counsel for the appellant has submitted that driver of the vehicle involved in the accident was not holding a valid licence at the time of the accident and as such there was breach of conditions of the policy as well as statutory rights available to the Insurance Company in the claim petition filed under section 140 of the Motor Vehicles Act. Counsel has referred to a decision dated 04.07.2014 passed by a co -ordinate bench of this Court in case of New Indian Assurance Co. Ltd. v. Nisarhussain Mohmadhanif Shaikh in First Appeal No.1889 of 2014, which is reproduced hereinbelow:

(3.) Considering the submission of learned advocate for the appellant herein, in the opinion of this Court, if necessary direction is given to the Honble Tribunal not to treat the order passed by the Honble Tribunal below application under Sec.140 as constructive resjudicata nor will it come in way in any manner while deciding main claim petition filed under Sec.166 of the Motor Vehicles Act, then it will meet the ends of justice.