RITA Vs. HAROON ALI

JUDGEMENT

(1.) This is an application with the prayer that the insurance company, respondent No. 3, which has insured car No. UTL 284 be directed to satisfy the award dated 1.8.1998. According to the findings recorded by the Claims Tribunal, the insurance company had not been held liable on the ground that the owner of the car which has insured it for personal use was using it as a taxi. On the aforementioned basis, the owner or the Driver has been held liable by the Tribunal.

(2.) Mr. Ajit Attri, the learned counsel appearing for the claimants-applicants has argued that in case of any breach of the clause of the insurance cover the claim of the claimants cannot be postponed and the insurance company must satisfy the award. Merely because the owner has contravened the condition of the insurance policy would not constitute a ground to deny the satisfaction of the award to claimants-applicants. In support of his submissions, the learned counsel has placed reliance on a judgment of three-Judge Bench of the Apex Court in the ease of National Insurance Co. Ltd. v. Swaran Singh, 2004 ACJ 1 (SC).

(3.) Mr. Sumeet Goel, learned counsel tor the respondents has argued that the insurance company shall be held entitled to make recovery from the owner and in any case the application is belated as the insurance company would end up paying interest from 1.8.1998, the date of the award, till the date of this application. In support of his submission, learned counsel has placed reliance on Oriental Insurance Co. Ltd. v. Nanjappan, 2004 ACJ 721 (SC).