NATIONAL INSURANCE CO. LTD. Vs. VISHNU BABURAO PARYEKAR

JUDGEMENT

(1.) Heard Ms. Mandrekar, learned counsel for the appellant-Insurance Company and Mr. Ganesh Naik, learned counsel for the respondent-claimant.

(2.) Ms. Mandrekar submits that only issue raised by the appellant-Insurance Company in this case is that the driver of the insured vehicle had a licence to drive Light Motor Vehicle (LMV) and therefore, this driver was not competent to drive Mahindra Jeep (insured vehicle). She submits that this would amount to fundamental breach of the terms of the insurance policy and therefore, the Insurance Company should have been absolved.

(3.) Ms. Mandrekar however, fairly pointed out the law laid down by the Hon'ble Supreme Court in Mukund Dewangan Vs Oriental Insurance Company Ltd, (2017) 14 SCC 663. However, she submitted that in M/s Bajaj Alliance General Insurance Co. Ltd. Vs Rambha Devi and others, Civil Appeal No.841 of 2018 decided on 8/3/2022 the Hon'ble Supreme Court has referred the decision in Mukund Dewangan (supra) for reconsideration by a larger Bench.