NATIONAL INSURANCE COMPANY Vs. RATAN SINGH AND OTHERS

JUDGEMENT

(1.) This appeal has been preferred by appellant-National Insurance Company aggrieved by award dated 12.06.2003 of the Motor Accident Claims Tribunal, Ajmer, in MAC Case No.808/99, by which the Tribunal awarded a sum of Rs.1,00,000/- as compensation to claimant-respondent.

(2.) Shri Praveen Jain, learned counsel for appellant has argued that claimant-respondent no.1 in present case sustained 20% permanent disability in a road accident involving a vehicle that was insured with the appellant insurance company. Learned counsel has argued that finding on Issue no.4 recorded by learned Tribunal is absolutely perverse and same is liable to be set aside. The driver of offending vehicle was holding driving license for the period from 19.04.1993 to 18.04.1996 and there was no renewal of it thereafter till the date of accident i.e. 27.12.1998. The said license was subsequently renewed only on 13.04.1999, the validity of which was upto 12.04.2002. It is thus clear that as on the date of the accident, the driver was not holding any valid and effective driving license within the meaning of Section 3 of the Motor Vehicles Act, 1988. It was a clear case of violation of conditions of the insurance policy. Learned counsel in support of his case, has relied on the judgment of the Supreme Court in United India Insurance Company Limited Vs. Gian Chand and others, 1997 7 SCC 558 and National Insurance Company Limited Vs. Kusum Rai and Others, 2006 4 SCC 250.

(3.) Learned counsel for appellant, in support of his arguments, has also relied on judgments of the Supreme Court in Iswar Chandra and others vs. Oriental Insurance Company Limited and others, 2007 2 TAC 393, Ram Babu Tiwari Vs. United India Insurance Company Limited and Others,2008 MACD(SC) 351, New India Assurance Company Limited vs. Suresh Chandra Aggarwal, 2009 AIR(SC) 2987, New India Assurance Company Limited vs. Kusum and others, 2010 2 ACC 518, and National Insurance Company Limited vs. Vidhyadhar Mahariwala and Others, 2009 AIR(SC) 208.