(1.) THIS is a case in which it has been elicited from the driver of the scooter involved in the accident that he had only a learner's licence during the time of the accident while he was driving the scooter. Neither the temporary licence of R.W.1 for driving a scooter nor the Insurance policy had been produced in this case which are vital documents inasmuch as the contract of insurance is one exhibiting the principle of uberrima fide, and that even if there is a noncompliance of a term in the contract it will be sufficient for exonerating the liability of the Insurance Company. Therefore, this Court is of the opinion that the Award has to be set aside and the matter remitted back to the Tribunal for deciding the issues in this case in the light of the observations made above.
(2.) IN this regard, the learned counsel for the first respondent herein referred to the report regarding 'Supreme Court ruling on Accident INsurance Claim' published in INdian Express, Madras, Sunday April 12, 1987, wherein the following report appears:
(3.) THE court-fee paid on this memorandum of appeal will be refunded to the appellant. An award has to be given in this case within three months from date of receipt of records in this case by the Tribunal. Under the circumstances, there will be no order as to costs.