UNITED INDIA INSURANCE COMPANY LIMITED Vs. GURDITTA

JUDGEMENT

(1.) This order will dispose of FAO Nos. 1179 and 3571 of 2016 as these have emerged out of common award dtd. 13/11/2015 passed by the Motor Accidents Claims Tribunal, Karnal (in short "the Tribunal") whereby compensation has been awarded in regard to injuries sustained by Gurditta in a motor vehicular accident that took place on 17/10/2012.

(2.) The sole submission made by counsel for the appellant (insurance company) is that as the driver was possessing licence of light motor vehicle-non-transport, he was not competent to drive the vehicle in question i.e. HR-61 9728. It is argued that the insurance company is entitled to be exonerated of its liability to pay compensation or in the alternative may be given right of recovery against the insured as he committed breach of terms and conditions of contract of insurance constituting a valid defence under Sec. 149(2) of the Motor Vehicles Act, 1988 (in short "the Act").

(3.) Counsel representing respondent No. 1 (claimant) while refuting contention of counsel for the insurance company and supporting findings of the Tribunal on Issue No. 3 has submitted that controversy raised in the present appeal is no longer res integra and stands settled by the latest judgment of Hon'ble the Supreme Court of India Mukund Dewangan vs. Oriental Insurance Company Limited 2017(7) Scale 731.