NEW INDIA ASSURANCE CO LTD Vs. GURVINDER KAUR

JUDGEMENT

(1.) The insurance company has filed the present appeal against the judgment of Motor Accidents Claims Tribunal, Patiala, dated 10.12.1997 by which a compensation of Rs. 3,00,000 along with interest was awarded to the respondents-claimants.

(2.) The only point raised by the counsel for the appellant is that the insurance company is not liable to indemnify the insured as the driver of the offending vehicle did not possess a valid driving licence. The question whether the insurance company can escape its liability from indemnifying the insured in case of a fake or invalid driving licence has been answered by the Hon'ble Apex Court in case of National Insurance Co. Ltd. v. Swaran Singh, 2004 ACJ 1 (SC), wherein it has been held as under:

(3.) Apart from the above, in United India Insurance Co. Ltd. v. Lehru, 2003 ACJ 611 (SC), the Hon'ble Apex Court has held as under: