UNITED INDIA INSURANCE CO LTD Vs. MAHILA SUDHAKUMARI

JUDGEMENT

(1.) HEARD finally, with the consent of the parties. Shri B.D. Verma, learned counsel for the respondents No. 1 to 4 raised a preliminary objection regarding the maintainability of the appeal, as the appellant - Insurance Company has not taken any permission under section 170 of the Motor Vehicles Act. Shri Malhotra, learned counsel for the appellant submits that even otherwise he has a right to file an appeal and in this appeal only question about the breach of the terms and conditions of the policy is involved. The driver was not having a valid driving licence and in the light of the decision in the case of National Insurance Company and others v. Swaransingh and others reported in 2005 (1) JLJ 85 = 2004 ACJ 1, he submits that he will pay the amount aw arded by the Tribunal to the claimants but liberty be granted to him to recover the same from the owner of the vehicle after proving that the driver was not having a valid driving licence to drive the vehicle. To this submission, the learned counsel for the claimants, Shri B.D. Verma has no objection. Accordingly, this appeal is disposed of with the consent of the parties that the Insurance Company shall pay the amount of claim awarded by the Tribunal within a period of two months from today. The Insurance company shall have a liberty to file an application for recovery of the said amount paid to the claimants from the owner of the vehicle. While considering the application it will be open to the insurer to satisfy the Tribunal that the driver was not having valid driving licence and it will also be open to the insured to prove that he had employed the driver on bona fide belief that he is having a valid licence. The Tribunal while holding an enquiry shall consider the application of the Insurance Company as well as the contentions raised by the owner and shall thereafter decide the application. The claimants shall have also a liberty to withdraw the amount. Out of the aforesaid amount of award, a sum of Rs. 50,000/- be paid to the mother of the deceased alongwith the interest and the remaining amount be paid to the widow as well as the son of the deceased, in accordance with law.

(2.) AS submitted by the learned counsel for the Insurance Company, the original documents be supplied to him after filing an appropriate application before the Registrar and after producing the photo copies thereof.