SHAIKH SHERU SHAIKH HAMZA Vs. DNYANOBA ANGADRAO SHIRSAT

JUDGEMENT

(1.) Being aggrieved by the Judgment and order passed by the learned Member, Motor Accident Claims Tribunal, Ambajogai dated 17.6.2010 in MACP No.7/2009 the original claimant has preferred this appeal to the extent of finding of the Tribunal exonerating the Respondent No.2 Insurer from the liability to pay the compensation.

(2.) Learned counsel for the appellant submits that, the Respondent/insurer has failed to prove that there is breach of condition of the insurance policy. Learned counsel submits that, the Respondent insurer has failed to prove that the driver of the vehicle involved in the accident was not having valid and effective driving licence to drive the vehicle at the time of accident. Learned counsel submits that, in the alternate, in view of the authoritative pronouncement of the Supreme Court in case of S.Iyyapan Vs. United India Insurance Company Limited 2013 (6) Mh.L.J. 1, the Tribunal should have directed the Respondent insurer to pay the compensation as per the award and then recover the same from the respondent owner of the vehicle.

(3.) Learned counsel for respondent No.2 insurer submits that, the Insurer has examined the witness Arfoz Siddiqui at Exh.14. Learned counsel submits that said Arfoz Siddiqui is working as a Senior Clerk in the RTO office of the concerned region and said witness has deposed before the Tribunal that respondent no.1 was not having valid and effective driving licence at the time of accident. Learned counsel submits that, in view of this, there has been breach of conditions of the policy and therefore, the respondent insurer is not liable to pay the compensation. Learned counsel submits that, the Tribunal has rightly fastened the liability on respondent No.1 and dismissed the claim petition as against respondent no.2 insurer. Learned counsel submits that, no interference is required and thus the appeal is liable to be dismissed.