The insurer must prove a breach of policy conditions by the insured to avoid liability; mere invalidity of a driving license does not absolve the insurer from responsibility.

JUDGMENT :

(Ananya Bandyopadhyay, J.)

1. The Learned Advocates representing the respective parties are present.

2. The instant appeal had been filed against the judgment and award dated 31st March, 2023 passed by the learned Additional District & Sessions Judge, 1st Court, Asansol cum Judge, M.A.C. Tribunal, Paschim Bardhaman in M.A.C. Case No. 118 of 2015.

3. An application under Section 166 of the Motor Vehicles Act, 1988 had been filed on account of accident which occurred on 16.5.2014 at about 13.30 hours near Dhemomain Main Gate G.T. Road, Asansol, while commuting in a maruti car bearing registration no. MH-02/NA/5392 which was hit by a mini bus bearing registration no. WB – 37A-7081 and as a result the maruti car dashed an auto rickshaw approaching from the opposite direction. The victim sustained severe injuries and was transmitted to District Hospital, Asansol wherefrom he was shifted to Mission Hospital, Durgapur and on 19.5.2014 the victim succumbed to his injuries.

4. Learned Advocate representing the appellant/Insurance Company did not dispute the occurrence of the accident, the Insurance policy as well as the other ancillary issues including the computation of the compensation awarded satisfying the elementary aspects following the guidelines of the Hon’ble Supreme Court decision in National insurance Co. Ltd. Vs. Pranay Sethi & Ors.

5. Learned Counsel representing the appellant/Insurance Company further submitted that the driver of the offending vehicle did not possess a valid driving license on the relevant date of accident since the documents marked as exhibit- B reflected the validity gap period which stipulated the time period. After expiry of the effectivity of the driving license the same had not been renewed.

6. The learned Advocate representing the appellant/Insurance Company further submitted that the appellant/Insurance Company was not liable to pay the compensation amount since the driver of the offending vehicle did not possess a valid and effective driving license on the date of the accident. It was further submitted if at all the appellant/Insurance Company was directed to pay the compensation amount an equivalent right to recover the same from the owner of the offending vehicle be granted to the appellant/Insurance Company correspondingly.

7. The learned Advocate representing the respondent Nos.1 and 2/claimants submitted to be interested only in receiving the compensation amount expressing no objection if at all the Insurance Company would be successful in recovering the same from the owner of the vehicle upon proving of its claim that the driver of the offending vehicle on the relevant date of the accident did not possess a valid driving license.

8. Since the occurrence of the accident and the observation and computed by the learned Tribunal disposing the issues framed and granting the compensation awarded have not been disputed by either of the parties, this Court restrict itself only to the extent of considering as to whether the appellants/ Insurance Company can be granted the benefit to recover the compensation amount from the owner of the offending vehicle upon payment of the same to the respondent No.1 and 2/claimants and subsequently to prove that the driving license was not disputed. The evidence of D.W. in his chief examination stated as follows :-

“In this driving license the validity gap period is mentioned. Validity gap period means the period mentioned therein is not valid for driving license. On 16.5.2014 the driving license within the validity gap period. The driving is transport category license.”

9. The documents marked as exhibit –B inter alia delineated the following information under D.L transaction history as well as validity gap period (if any) amongst others which required replicated a follows :-

“It is evident from the documents issued by the Transport Department, Government of West Bengal, marked as exhibit – B that from 6.3.2014 till 1.7.2014 a valid driving license was not posses