MANAGER, NATIONAL INSURANCE CO. LTD Vs. ARUN KUMAR

JUDGEMENT

(1.) The Insurance Company has preferred the instant appeal against the award of compensation in Motor Accident Claim Case No. 4 of 2001 by Principal District Judge-cum-Motor Accident Claim Tribunal, Sahibganj under Sec. 166 of the Motor Vehicle Act, 1988 (hereinafter called M.V. Act.).

(2.) The Judgment has been assailed principally on the ground that it was a case of clear violation of the terms of the Insurance Policy as the driver had no valid license for driving commercial vehicle as he was holding license to drive Light Motor Vehicle. The second point that has been urged is that the disability certificate cannot be relied upon as the doctor issuing the certificate has not been examined. Further, as per the claimant's case he was working as a Block Extension Officer and it has come in evidence that he did not suffer any loss of income on account of the said disability. In this view of matter the compensation awarded is highly excessive. The lastly it is argued that the driver of offending vehicle was without the valid driving license. Reliance has been placed on 2009 (1)JCR 335, Tripurari Mandal -vs.- Oriental Insurance Company Ltd. in which it has been held that where the driver was not holding the valid license the Insurance Company is not liable for paying the compensation.

(3.) The factum of accident is not in dispute in which the claimant met with an accident by offending vehicle namely Maxi-Taxi bearing registration number BHJ 2151 which collided with the motorcycle of the claimant in which he sustained grievous injury regarding which Borio P.S. Case No. 11/2001 was registered under Ss. 279, 337 and 338 of the Indian Penal Code. The insurance of the vehicle is also admitted by the appellant-Insurance Company