SHYAM SINGH Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal is by the complainant Shyam Singh challenging order of District Forum, Sangrur dated August 6, 1996 whereby complaint was dismissed.

(2.) Broad facts are not in dispute and they can be summarised. Shyam Singh procured Insurance Policy during the year 1989 90 from the Opposite Party New India Assurance Company Limited in respect of his truck. Subsequently, the aforesaid truck was involved in an accident on December 10,1989 resulting in causing injuries to one Jangir Singh, who ultimately died on December 11, 1989. Police was informed. Post mortem on the dead body was conducted. Intimation of the accident was given to the Insurance Company with whom a claim was lodged for a sum of Rs.25,000/ , given to Gurdial Singh through cheque, who was legal representative of Jangir Singh deceased. The aforesaid amount was given on account of 'no fault liability', i. e. without going into the question of negligence of the driver. Since the Insurance Company did not settle the claim, the complaint was filed. The Opposite Party contested the complaint denying its liability to pay the amount. Both the parties led their evidence on affidavits and documents. The District Forum on going through the same held that the driver of the truck was not holding a valid driving licence and the liability could not be fastened on the Insurance Company, who collected the material that no such driving licence was issued by the Licensing Authority, Cuttack in favour of Chamkar Singh, driver.

(3.) It has been argued on behalf of the appellant/complainant that it was not necessary for the Insurance Company to collect material or to deny its legal liability to reimburse the complain ant, who was duty bound to pay the minimum amount fixed under the Statute to be paid to the L. Rs. of the deceased, who was involved in the motor vehicle accident. This contention is de void of merit. Ex. R 5 is the Insurance Policy obtained by the complainant in this case. It pro vides that any person was entitled to drive who was holding valid driving licence. Section II of the policy provides liability to the third party in case of death and Sub clause (b) on which reliance has been placed, which is exclusion clause, reads as under: " (b) Except so far as necessary to meet the requirements of Sec.92 A and Sec.95 of the Motor Vehicles Act, 1939, the Company shall not be liable in respect of death of or bodily injury to any person in the employment of the insured arising out of and in the course of such employment. "