NATIONAL INSURANCE CO LTD Vs. SUREKHA AND OTHERS

JUDGEMENT

(1.) This order will dispose of FAO Nos.1064 and 1977 of 1999 as these have emerged out of the same award dated 08.02.1999 passed by the Motor Accidents Claims Tribunal, Amritsar whereby compensation has been awarded on account of death of L/N Sonawane Subash Deo Ram in a motor vehicular accident that took place on 09.06.1994.

(2.) Fao No.1064 of 1999 has been filed by the National Insurance Company (hereinafter to be referred as the 'insurance company') whereas the other appeal has been filed by Gurmukh Singh and Others, owner of the offending vehicle i.e. Jeep No.PB-02F-8239.

(3.) The sole submission made by counsel for the insurance company is that licence possessed by Diwan Singh, driver of the offending vehicle was found to be fake in the light of testimony of Nirbhai Kumar, Clerk from the office of S.D.M. Kangra, therefore, the insured is guilty of violating the terms and conditions of the insurance policy constituting defence in favour of the insurer under Section 149 (2) of the Motor Vehicles Act, 1988 (in short 'the Act'), accordingly, the insurance company is entitled to be exonerated of liability or in the alternative right of recovery against the insured after payment of compensation to the claimants.