UNITED INDIA INSURANCE CO. LTD. Vs. PARTAL DEVI

JUDGEMENT

(1.) THE present appeal has been preferred by the appellant - Insurance Company, against the impugned award dated 30.05.1992, passed by the learned Motor Accident Claims Tribunal, Bhiwani. The learned counsel for the appellant contends that the learned Tribunal erred in fastening the liability on the appellant insurance company to indemnify the claimants as the driver of the offending truck was not in possession of a valid driving licence at the time of the accident. The application moved by the appellant to summon the clerk from the Licencing Authority, Gwalior, was wrongly rejected. It is further contended that the offending vehicle was not insured at the time of the accident.

(2.) ON the other hand, the learned counsel for respondent Nos. 1 to 5, contends that the vehicle was insured on the date of the accident.

(3.) IN the instant case, the owner of the offending vehicle, Jai Bhagwan, appeared as RW -1, and stated that the driver, Ved Parkash, was holding a valid driving licence for the last 3 to 4 years. The application for summoning the official from the Licencing Authority, Gwalior, was dismissed by the learned Tribunal as sufficient opportunities had already been granted to the insurance company to verify the factum of genuineness of the licence in question. The insurance company has also not disputed the fact of renewal of licence by the same licencing authority. Therefore, in the absence of any evidence to the contrary, the learned Tribunal has rightly held that the driver of the offending vehicle was holding valid and effective driving licence. As regards the question of the vehicle being insured at the time of the accident is concerned, the date of issuance of insurance policy is not in dispute. The only question raised by the learned counsel for the appellant is that the time of issuance on the insurance policy is reflected as 6.10 p.m., whereas, the office timings of the company were between 9.30 a.m. to 5.05 p.m. The overwriting, Mark A, on Ex. R3, cover note, is also apparent. However, this plea is also not available to the appellant as it is a settled law that the policy becomes operative from the commencement of the date on which it is issued, i.e. from the previous midnight. In view of the above, this Court is of the considered opinion that the appellant -Insurance Company has rightly been held liable to satisfy the award.