NEW INDIA ASSURANCE CO LTD Vs. BEBI CHAKRAVORTY

JUDGEMENT

(1.) THIS appeal shall also govern disposal of M.A. No. 5079/2007, M.A. No. 5118/2007, M.A. No. 5117/2007 and M.A. No. 1597/2007. In all these cases, the only issue involved is as to whether the Insurance Co. namely the New India Assurance Company, which was the insurer of the vehicle involved in the accident, has to be given a right to recover the compensation from the owner/driver after making the payment of compensation to the claimants.

(2.) IN these cases, by a common award delivered by IV MACT, Sagar in Claim Case No. 9/04, 40/04, 41/04, 42/04, 47/04, 1/05 and 31/05, dated 20-1 -2007, while awarding compensation to the claimants, the Insurance Co. has been burdened to pay that compensation, without giving any opportunity to the Insurance Co. to recover it from the owner/driver.

(3.) IN this regard, the appellant has relied upon the judgment reported in Ishwar Chandra and others Vs. Oriental Insurance Co. Ltd., 2007 ACJ 1067, wherein it has been held that if the driver was not having a license, at the relevant time and the renewal application was not made within 30 days of the expiry, then, the driver will not be entitled to hold that he was holding a valid driving license and, therefore, it will be presumed that vehicle in question was being driven without a valid driving license and, therefore, considering the judgment of Hon'ble Supreme Court in Swaran Singh's case, the Insurance Co. shall be entitled to recover the amount from the owner and driver.