ORIENTAL INSURANCE COMPANY LTD Vs. KRISHNA

JUDGEMENT

(1.) THE Oriental Insurance Company Limited, insurer of offending truck No. HR-38G-5820 has impugned the award of Motor Accident Claims Tribunal, Sonepat dated 3.9.2005 whereby L.Rs./dependents of Ram Bhajan since deceased have been awarded a compensation of Rs. 3,53,000/- along with interest @ 6% per annum on account of death of aforesaid Ram Bhajan in a vehicular accident caused by Iqbal Singh respondent No. 1, driver of the aforesaid offending vehicle on 19.9.2002. The said vehicle was owned by Virender Kumar respondent.

(2.) THERE is a delay of 6 days in filing the instant appeal for which a separate application bearing CM No 25632.CII of 2005 has been filed under section 5 of the Limitation Act for condonation of the said delay

(3.) MR . Gupta contends that the appellant company should have been absolved of its liability by the Tribunal to indemnify the insured as the licence of the driver Iqbal Singh at the time of accident was not a valid one inasmuch as the driving licence in fact was never renewed by the concerned Licencing Authority in the name of aforesaid Iqbal Singh driver. Mr. Gupta on the basis of the aforesaid facts submits that this amounts to clear breach of the terms and conditions of the policy and therefore the Insurance Company cannot be held liable. The learned counsel in the same breath submits that the learned Tribunal has erred in holding that the appellant company should have examined the owner of the offending vehicle to prove that he was having no knowledge with regard to the fakeness of driving licence. According to the learned counsel personal knowledge is to be proved by the person who is alleged to have the personal knowledge irrespective of onus of proving the issue. Therefore, according to the learned counsel, the observation of the learned Tribunal against the Insurance Company is liable to be set aside