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HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
ZALUBHAI DIPABHAI RATHVA – Appellant
Versus
SANJAYBHAI RAMESHBHAI RATHVA – Respondent
| Table of Content |
|---|
| 1. accident details and claim (Para 1 , 2 , 3 , 5) |
| 2. arguments regarding insurance liability (Para 4) |
| 3. discussion on driver's license (Para 6) |
| 4. insurer's liability despite breach (Para 7) |
| 5. court's directive to insurer (Para 8) |
ORDER :
2. Brief facts of the case are as under :
3. Heard learned advocates for the respective parties.
5. Per contra, learned advocate Mr.Raval appearing for the other side referred to para 10.5 of the impugned judgment and award and would submit that Insurance Company has done all that it can do to prove that opponent No.1 was not holding valid and effective driving licence on the day of accident. He would submit that opponent No.1 was examined, as also RTO was also examined. Learned Tribunal has thoroughly discussed this issue to believe that since it is successfully established by the Insurance Company that driver of offending vehicle was not holding valid and effective driving licence, Insurance Company has established defense of breach of terms and conditions of the policy which has been rightly appreciated by the learned Tribunal. He would submit to dismiss this appeal.
7. While summing up the judgment, Hon’ble Supreme Court in case of S
The insurer must satisfy the compensation award despite the insured's breach of policy conditions unless it fundamentally contributed to the accident.
Insurance companies must initially pay compensation even if the driver lacks a valid license, with the right to recover from the vehicle owner.
Point of Law : Tribunals in interpreting the policy conditions would apply "the rule of main purpose" and the concept of "fundamental breach" to allow defences available to the insured under section ....
The Insurance Company must initially pay compensation for third-party claims, even if the vehicle owner breached policy conditions, allowing for subsequent recovery from the owner.
The main legal point established in the judgment is the liability of the insurance company to pay compensation for accidents involving vehicles insured by them, and the right of the insurance company....
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
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