NATIONAL INSURANCE CO. LTD. Vs. SMT. SAVITA KATIYAR

JUDGEMENT

(1.) Heard Sri. V. C. Dixit, learned counsel for the appellant.

(2.) This appeal has been filed challenging the award dated 16.11.2015 passed by he Claims Tribunal/Additional District Judge, Court No.16, Kanpur Nagar awarding a sum of Rs.2,85,000/- to the claimants-respondents on account of death of the deceased Pramant Katiyar, student of M.B.A. Final Semester in an accident on 4.5.2010 caused by tanker bearing registration No. U.P.V.3339. The aforesaid Sri. Pramant Katiyar died during course of treatment on 16.5.2010. The only submission of learned counsel for the appellant raised before this Court is that the endorsement for carrying hazardous goods was made by transport authorities on the driving licence of the driver of the offending tanker w.e.f. 11.6.2014 while the accident was caused on 4.5.2010 and as such the driver of the tanker in question was not having a valid driving licence for driving tanker. Learned counsel for the appellant further submits that this is the only ground on which this appeal is being pressed.

(3.) He further submits that there is no dispute on quantum of compensation. On the basis of the aforesaid argument he submits that since the driver of the tanker in question was not possessing a valid driving licence, as such no liability of the insurer-appellant can be fixed as the tanker in question was being driven in breach of the conditions of insurance policy.