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REKHA PALLI
Shekhar Nijhawan – Appellant
Versus
Iffco Tokio General Insurance Co. Ltd. . – Respondent
JUDGMENT
Rekha Palli, J. (Oral)--The present appeal under Section 173 of the Motor Vehicles Act, 1988 seeks to assail the award dated 26.11.2021 passed by the learned Motor Accident Claims Tribunal in MACP No. 5171/2016. Vide the impugned award, the learned Tribunal, while awarding a compensation of Rs.16,32,700/- in favour of the claimants, has granted recovery rights to the insurer.
2. The appellant, who is the owner of the car/offending vehicle, bearing registration no. DL-4CAH 6055, has approached this Court being aggrieved by the grant of recovery rights in favour of the insurer.
3. It may be noted that recovery rights have been granted in favour of the insurer by the learned Tribunal after taking into account the fact that the offending vehicle, at the time of the accident, was admittedly being driven by the appellant's minor son, who did not possess any driving licence. The learned Tribunal, therefore, came to a conclusion that the appellant, by permitting his minor son to drive the vehicle, acted in breach of the terms of the insurance policy. Consequently, the insurer was granted recovery rights by the learned Tribunal
4. The sole contention of learned counsel for the ap
Section 149(2) deals with insurer's right to defend an action on account of breach of policy condition.
The court held that ownership does not absolve liability without evidence proving knowledge of the driver's invalid license.
The owner of a vehicle must verify the driver's valid licence; failure to do so constitutes a breach of insurance policy terms, absolving the insurer of liability.
The liability of the insurance company in cases where the vehicle is being run without a valid permit and in violation of the conditions stipulated in the Insurance Policy.
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