DIVISIONAL MANAGER Vs. SANTOSHKUMAR PARMANAND AKHAR

JUDGEMENT

(1.) Heard the learned Counsel Shri. D. N. Kukday for Appellant and the learned Counsel Ms. A. Sharma for the Respondent Nos.2 to 5 (Claimants).

(2.) The challenge in this Appeal is to the judgment and Award dtd. 20/8/2008 by the Motor Accident Claims Tribunal (Tribunal), Amravati, in MACP No.324 of 2006. Shri. Kukday, the learned Counsel, who appears on behalf of the Appellant/Insurance Company submits that in this case, the driver of TVS Motor Cycle (insured vehicle) was not having a valid license to drive the same and therefore, this amounts to a fundamental breach of the terms of the insurance policy. Shri. Kukday, the learned Counsel pointed the license which was placed on record related to the driving of an Auto Rickshaw and not a Motor Cycle.

(3.) The learned Counsel Ms. Sharma submitted that the Insurance Company cannot avoid liability by raising such technical pleas. She submitted that in this case, there was no nexus between the accident and the driver not possessing the requisite type of license and therefore, this was not a case of breach of the terms of the insurance policy or in any case, a fundamental breach of the terms of the insurance policy. She relies on the decision of this Court in The New India Assurance Co. Ltd .vs. Shaila Janardhan Zendekar and Anr., 2020 (2) Mh.LJ 694 and the decision of the Honble Supreme in National Insurance Company .vs. Swaran Singh, 2004 (3) SCC 297 in support of her submissions.