SWETA SHARMA Vs. ORIENTAL INSURANCE CO.

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) PLACING reliance on the law laid down by the apex Court in the case of National Insurance Co. Ltd. v. Swaran Singh and others [2005 (1) JLJ 85 = (2004) 3 SCC 297] it is contended that since the driver of the offending vehicle was having a driving licence, the Insurance Company could not have been exonerated. The apex Court in the case of Swaran Singh (supra) has clearly observed :

(3.) IT is further submitted that accident occurred due to the mechanical fault of the offending vehicle and not due to any negligence on the part of the driver. Accordingly, it is contended that the driving licence shall have no role so as to seek exoneration of the Insurance Company. He derives strength from clause (vi) of paragraph-110 of the aforesaid apex Court decision. Since, it has already been observed that the applicant did not raise any such ground in the appeal, it cannot be considered in the present review petition, that the main cause of accident was negligence or mechanical failure. It may be noticed that the case is at the stage of review petition, no such ground was raised in the original appeal. Therefore, the same is not liable to be considered at this stage because it cannot be treated as an error apparent on the face of record.