RAM PHAL Vs. KRISHNA MAKKAR

JUDGEMENT

(1.) THIS appeal by the appellant as owner of the vehicle was admitted on the short question with respect to liability of the Insurance Company. The questions of negligence and quantum have not been challenged in this appeal.

(2.) THE Insurance Company was absolved of its liability solely on the ground that on the date of accident the driving licence of the insured had expired. It is not disputed at the bar that the driver of the ill fated truck bad a valid licence upto 16-11-1984 and while the accident took place on 17-12-1984 and the licence was got renewed on 28-11-1986.

(3.) COUNSEL for the appellant has relied upon United India Fire & Gen. Insurance Co. Ltd. v. Avisa and Ors. 1979 ACJ 526, where in it bad been held that the Insurance Company cannot avoid the liability as the driver of the vehicle who drove it had not been disqualified from holding the licence and further found the company to be liable for an accident caused by the driver who at one time held a valid licence with him. The learned Counsel further contends that in the absence of any evidence on the record that the insured had placed the vehicle in charge of a person who did not have a driving licence, the insured cannot be held guilty of breach of promise and the Insurance Company cannot be absolved of its liability. In order to buttress this submission, he relies upon Skandia Insurance Co. Ltd. v. Kokilaben Chandravadan and Ors. 1987 (1) PLR 665 : I (1987) ACC 413 (SC) wherein their Lordship of the Supreme Court has observed as under: