NEW INDIA ASSURANCE COMPANY LTD Vs. UMA BAI

JUDGEMENT

(1.) THIS appeal under Section 173 (1) of the Motor Vehicles Act, 1988 (hereinafter referred as 'the Act') has been preferred against award dated 7-9-2011 passed by Additional Member, M.A.C.T., Special Court No.2, Bhopal presided over by Member Smt. Saiyada Bano Rahman in M.C.C. No. 1537/2012 by which appellant has also been made liable to pay compensation to the tune of Rs. 5,08,200/- alongwith respondent Nos.6 and 7, driver and owner of the offending jeep.

(2.) UNDISPUTEDLY , appellant New India Assurance Company is the insurer of the offending vehicle Jeep No. M.P.-04-G/3328 owned by respondent No.7, Hariram Kahar and driver respondent No.6, Santosh.

(3.) RESPONDENT Nos.6 and 7 (driver and owner of the offending vehicle) filed their separate statements denying the averments made in the claim petition and stated that on the date of the accident the vehicle was insured with the appellant. The appellant (respondent No.3 in Claim Petition) filed their written statement denying all the averment relating to the accident and it was specifically pleaded that at the time of accident the driver was not having valid and effective licence and insurer was not liable. After examining Jaypal, Vinay and R.T.O. Clerk, Nirmal Mourava it was proved that though respondent No.6 was having licence but licence was issued by R.T.O. Hoshangabad for the period 2-3-2004 to 10-3-2008 and it was not renewed within the stipulated time period and was renewed after 2 years for the period 6-5-2012 to 6-6-2015. Thus, on the date of the accident the driver was not having effective licence so there was breach of insurance policy and learned Tribunal rejected the plea of the appellant by fastening the liability both jointly and severally on the appellant and respondent Nos.6 and 7, against which this miscellaneous appeal has been preferred on the following grounds: