NEW INDIA ASSURANCE CO Vs. MAKHAN SINGH

JUDGEMENT

(1.) The insurer has filed the present appeal against the judgment of Motor Accidents Claims Tribunal, Patiala, dated 2.11.1998 by which a total compensation of Rs. 2,35,000 along with interest was awarded to respondents- claimants.

(2.) The only point raised by the counsel for the appellants 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 as the licence was lake. The question whether the insurance company can escape its liability from indemnifying the insured in a case of fake or invalid driving licence has been answered by the Hon'ble Supreme Court in the case of National Insurance Co. Ltd. v. Swaran Singh, 2004 ACJ 1 (SC), wherein it has been held as under:

(3.) This view has also been taken by the Hon'ble Supreme Court of India in United India Insurance Co. Ltd. v. Lehru, 2003 ACJ 611 (SC).