NEW INDIA ASSURANCE CO. LTD. Vs. TURUBILLI BHARATHI

JUDGEMENT

(1.) AGGRIEVED by the Award dated 24 -11 -2008 in MVOP No. 574 of 2005 passed by Chairman, MACT -cum -I Additional District Judge, Vizianagaram (for short the Tribunal), the Insurance company preferred the instant MACMA.

(2.) THE factual matrix of the case is thus:

(3.) CHALLENGING the award in so far as fixing the liability on insurance company, learned counsel for the appellant vehemently argued that the driver of the offending motor cycle had no valid driving licence as on the date of accident and this fact was cogently established before the Tribunal by the Insurance company by issuing exhibit B2 notice to the counsel for the second respondent/driver to produce the driving licence, but he failed to respond. Thus it was evident that the driver had no valid driving licence. Instead of drawing an adverse inference against the insured that he allowed an unlicensed driver to drive the vehicle and thus caused breach of the terms of the policy, the Tribunal on a wrong appreciation of facts and law held as if the insurance company failed to prove that the owner has deliberately committed the breach and the said breach was so fundamental that it contributed to the accident and fastened liability on the insurance company.