NEW INDIA ASSURANCE COMPANY LTD Vs. MOHSINA

JUDGEMENT

(1.) WE have heard learned Counsel for the parties.

(2.) IT has been submitted by learned Counsel for the appellant that it was specific issue No. 4 which was raised before the Claim Tribunal that the driver was not having any valid licence, therefore, the Insurance Company is not liable to pay any amount to the claimants rather the liability is on the owner of the vehicle. He relied upon the judgment reported in II (1998) ACC 230 : 1998 (1) TAC 594 (Ori.) Oriental Insurance Co. Ltd. Aska, Banjam v. Uma Charan Bisoy and Ors. In Paragraph 7 of the judgment the Court has observed as under:

(3.) APPEAL is allowed and remanded to Claim Tribunal accordingly.