NEW INDIA ASSURANCE COMPANY LTD Vs. JYOTSNA PATRA

JUDGEMENT

(1.) THIS matter was listed for orders to remove the defect as pointed by the Stamp Reporter.

(2.) HEARD .

(3.) THE grounds on which the impugned Judgment is challenged are that the driver of the offending vehicle was not possessing a valid driving licence. The second ground is that the interest awarded is towards the higher side and the third ground is that the compensation awarded is excessive, So far as the third ground is concerned it appears that no permission was sought for under Section 170 of the Motor Vehicles Act, as would be evident from the impugned judgment as well as the appeal memo. Thus the Insurance Company is precluded from raising the said point. There is some force in the other two grounds. Law as has been enunciated by the Supreme Court is well settled that not possessing a valid driving licence by the driver of the offending vehicle is a breach of policy conditions and under such eventualities the Insurance Company should be directed to pay the compensation and should be granted liberty to realize the same from the owner of the offending vehicle. In consonance with the aforesaid directions and the provision of Section 149(4) of the Motor Vehicles Act, I direct accordingly.