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PARTHIVJYOTI SAIKIA
Iqbal Hussain @ Ekbal Hussain S/O Late Md. Ali Hussain – Appellant
Versus
National Insurance Company Limited – Respondent
JUDGMENT :
Heard the learned counsel Mr. M. Khan appearing for the review petitioner. Also heard the learned counsel Mrs. R.D. Mozumdar appearing for the respondents.
2. The present petition has been filed under Order 47 Rule 1 of the Code of Civil Procedure praying for reviewing the judgment passed by this Court on 04.04.2022 in MACApp./292/2018.
3. The factual matrix leading to filing of this review petition lies within a very short campus. The driver of erring vehicle did not have a license at all while the accident took place. In fact, the driver was using a license issued to someone else. Therefore, the Insurance Company was relieved of its duty to pay compensation and the owner of the vehicle was directed to pay the compensation.
4. Aggrieved by the aforesaid direction, the claimant has filed this review petition.
5. In order to buttress his argument, Mr. Khan has relied upon the judgment of Supreme Court that was delivered in Parminder Singh v. New India Assurance Co. Ltd., (2019) 7 SCC 217. In paragraph 7.1 of this judgment, it has been held as under:
Insurance liability is conditioned upon the insured's compliance with policy conditions, including holding a valid driving license.
The main legal point established in the judgment is the obligation of the owner and driver to produce a valid and effective driving license, the authority of the Tribunal to entertain review applicat....
The insurance company is liable to pay compensation but can recover the amount from the owner of the vehicle due to the driver's invalid driving license.
The main legal point established in the judgment is the requirement for the Insurance Company to establish wilful breach on the part of the insured and the entitlement to recover the awarded amount f....
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