RELIANCE GENERAL INSURANCE CO.LTD. Vs. SIMARJIT KAUR

JUDGEMENT

(1.) The matter has come up for hearing in pursuance to the application filed by claimant-respondent Nos.1 to 5 for vacation of the stay granted by this Court vide order dated 29.08.2016.

(2.) After hearing the application at length, it has emerged that the only issue in the appeal is with respect to the alleged fake licence. It being the only issue, this Court deems it proper to dispose of the main appeal itself. Appeal is taken up on Board today itself. Registry to list the main case.

(3.) While praying for dismissal of the application for vacation of stay and, therefore, allowing the appeal filed by the Reliance General Insurance Company Limited, learned counsel for the appellant-Insurance Company submitted that the specific issue was framed with regard to the validity of the driving licence of Karnail Singh, who had unfortunately died in the accident and the said issue, i.e. Issue No.2, with respect to the driving licence being a fake one was decided against the owner. It was therefore, contended that in these circumstances, the Insurance Company cannot be held liable for the amount so awarded, especially when there is a clear breach of Insurance policy and hence the liability, if at all, is of the owner of the vehicle.