NATIONAL INSURANCE COMPANY LIMITED Vs. DUPATI SINGAIAH

JUDGEMENT

(1.) QUESTION for determination when the driver of a motor vehicle covered by a policy of insurance drives vehicle involved in accident with fake licence, whether insurance company has to prove that there is "wilful" breach of specific conditions of policy or is it sufficient to insurance company to prove that driving licence possessed by driver is fake licence by reason of which insurance company stands exonerated from its liability to indemnify owner of vehicle involved in the accident. Background facts

(2.) THE above question falls for consideration in this appeal in the following brief background of the case. Respondents 1 to 4 herein (hereafter, claimants) filed m. V. OP. No. 248 of 1997 under Sections 140, 143-A and 166 of Motor Vehicles Act, 1988 (the Act, for brevity) before Motor Accident claims Tribunal-cum-l Additional District judge, Guntur, claiming a compensation of rs. 2,00,000/- as compensation for death of dupati Koteswari (deceased ). Be it noted first claimant is husband and claimants 2 to 4 are married daughters of deceased. Deceased aged 42 years statedly was earning Rs. 1,200/- per month as agricultural labourer. On 16. 4. 1997 at about 9. 30 pm while she was walking from Doppalapudi cross roads to go to festival (Sreerama navami) fair, milk lorry bearing No. AP 16t 936 belonging to Bondadi Srinivasa Rao (owner-fifth respondent herein) dashed against her. She sustained head and spinal cord injuries and became unconscious. She was shifted to Hospital. After three days, she succumbed to injuries. Offending lorry was insured with, appellant (insurer ). In original Petition, owner of vehicle and insurer are arrayed as respondents 1 and 2 respectively.

(3.) OWNER of vehicle remained ex parte. Insurer filed written statement contending that driver did not hold valid licence and that claimants 2 and 3 being married daughters are not entitled for compensation. Besides these, they also disputed quantum of compensation.