NEW INDIA ASSURANCE COMPANY LTD Vs. MANJU GARGE

JUDGEMENT

(1.) This appeal has been filed by the New India Assurance Company Ltd. challenging the award dated 18.4.2002 passed by Motor Accident Claims Tribunal. The only ground on which the appeal has been pressed is regarding the quantum of compensation as well as the driver of the offending vehicle was not having the valid licence at the time of the accident.

(2.) It is admitted by the parties' counsel that no permission under Section 170 of the Motor Vehicles Act was obtained by the New India Assurance Company Ltd. from the Tribunal, therefore, the ground on which the present appeal has been filed, is not available to the New India Assurance Company Ltd as they fall out side the scope of Section 149(2) of the Motor Vehicles Act.

(3.) In view of the judgment passed by the Apex Court in the case of National Assurance Company Ltd. vs. Nicolletta Rohtagi and others reported in JT 2002(7) SC 251, the appeal is not maintainable. One more aspect which is relevant in this regard is that in view of the judgment of the Apex Court in the case of New India Assurance Co. Shimla v. Kamla and others, (2001) 4 SCC 342, which judgment was later followed in the case of United India Insurance Co. Ltd. v. Lehru and othes, (2003) 3 SCC 338, the insurance company would not stand absolved of making payment to the third party simply because it finds that the driving licence was defective or was not valid on the date of occurrence. In such a situation, neither the payment from the insurance company to the third party can be stopped nor the award can be said to be invalid. The only right which has been given to the insurance company is that if the driver of the offending vehicle was not having a valid licence, the insurance company may initiate appropriate proceedings against the owner or driver of the offending vehicle and if the insurance company succeeds in establishing the aforesaid fact, they may claim the amount from them which has been paid to the third party claimant.