BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Vs. SANGITA

JUDGEMENT

(1.) Both these appeals are being disposed of by this common judgment as they involve an identical issue relating to jurisdiction of the Motor Accident Claims Tribunal to direct the insurer not found liable to pay any compensation, to first satisfy the claim and then recover the amount of compensation from the insured.

(2.) In F.A. No. 1043/11 the judgment and order passed in Motor Accident Claim Petition No. 78 of 2008 by the Member, Motor Accident Claims Tribunal, Darwha, on 20.4.2011 has been challenged. In F.A. No. 244 of 2013, the judgment and order dated 13.7.2012 passed in Motor Accident Claim Petition No. 739 of 2009 by the Motor Accident Claim Tribunal, Nagpur, has been assailed.

(3.) In both these claim petitions, the Tribunals have found that since the drivers of the offending vehicles did not possess valid and effective licence at the time of accident there was breach of terms and conditions of the respective policies and, as such, they did not fasten any liability to pay compensation upon the Insurance Company. However, the Tribunals also directed the insurer to first pay the compensation and then recover it from the insured or owner of the offending vehicles by relying upon various judgments of the Hon'ble Apex Court and also of this Court, including the judgment of Apex Court rendered in the case of National Insurance Co. v. Swaran Singh, 2004 1 TAC 321.