NATIONAL INSURANCE COMPANY LIMITED Vs. NAVNEET BROTHERS

JUDGEMENT

(1.) BY the order impugned, the District Consumer Disputes Redressal Forum, Katni has allowed in part complaint (No. 122/2002) to respondent -complainant directing appellant -opposite party the National Insurance Company Limited to pay to the former Rs. 41,250/ - by way of compensation for the damage caused to his vehicle a Maruti Van which was insured with the appellant and met with an accident on 17.5.2001 during existence of the policy.

(2.) THE fact of accident as also the extent of damage (assessed by the Surveyor of the appellant itself) is not disputed between the parties. The only ground on which the respondent s claim was repudiated by the appellant insurer and which is reiterated before the Forum below as also before this Commission in appeal is that the vehicle in question at the relevant time was being driven by a person namely Golu Dahiya who did not have any driving licence to drive a motor vehicle. Said Golu is also died in the said accident. The Forum below while holding that the vehicle at the relevant time was being driven not by its regular driver Narayan Sen but by late Golu, concluded that said driver Golu in no manner was responsible for the accident which was caused by an on coming Dumper which collided with the van, causing extensive damage to the vehicle and severe injuries to the persons travelling in the vehicle including said driver Golu who later on succumbed to his injuries. This finding of fact arrived at by the Forum below is based on proper appreciation of evidence and could not be assailed successfully before us. It is significant to note that in a case for damages filed before the Motor Accident Claims Tribunal against the appellant -Insurance Company besides others, a similar finding is recorded by the Tribunal that the accident took place due to negligence of the driver of the Dumper. The question thus arises whether in such a situation the appellant Insurance Company can find its liability towards the owner of the vehicle.

(3.) THE answer to the question, we may say with respect is contained in two Supreme Court decisions in the case of Jitendra Kumar, 2003 4 SLT 497, and Swaran Singh, 2004 AIR(SC) 1531, wherein it is clearly held that where the vehicle in question is damaged due to no fault of the driver, the Insurance Company cannot repudiate a claim made by the owner of the vehicle which is duly insured with the company merely on the ground that the driver had no valid licence to drive the vehicle. In Swaran Singh s case legal position made clear in following words: