ORIENTAL INSURANCE CO LTD Vs. SHAILENDRA SINGH

JUDGEMENT

(1.) This appeal has been preferred aggrieved by an award dated 24.8.2002 passed by the Eighth Additional Motor Accidents Claims Tribunal, Jabalpur in M.V.C. No. 225 of 2001 awarding total compensation of Rs. 32,000 along with 9 per cent interest from the date of filing of claim petition and cost.

(2.) The only question raised by learned counsel appearing for the appellant is that though the driver possessed the valid driving licence but on the date of accident, it had expired. On specific query being made by this court that driving licence has been renewed or not, learned counsel appearing for appellant is not aware of fact. There is nothing on record to indicate that disability was incurred by the driver and licence was not renewed. It is not case set up that it was to knowledge of owner that licence was not renewed nor any evidence is pointed out showing that non-renewal was due to any disability incurred by driver which contributed for accident.

(3.) In National Insurance Co. Ltd. v. Swaran Singh, 2004 ACJ 1 (SC), wherein Apex Court has laid down that minor breach of the licence conditions cannot come in the way of claiming compensation from insurer. We find that in the absence of plea being raised and evidence being adduced, breach of permission of licence has not been established. The Apex Court held thus: