NEWINDIA ASSURANCE CO LTD Vs. HARNEK SHINGH

JUDGEMENT

(1.) The insurer has filed the present appeal against the judgment of Motor Accidents Claims Tribunal, Patiala, dated 13/1/1997 by which a compensation of Rs. 25,000 was awarded to the respondent-claimant.

(2.) The only point raised by 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 as the licence was fake.

(3.) The question whether the insurance company can escape its liability from indemnifying the insured in 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 (para 102):