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2008 Supreme(Raj) 2660

NARENDRA KUMAR JAIN
New India Assurance Company Ltd. – Appellant
Versus
Jugraj Singh – Respondent


Advocates:
For the Appellant:Virendra Agarwal, Advocate.
For the Respondents No. 3:Ashish Sharma, Advocate.

JUDGMENT

1. - Heard learned counsel for the parties.The claimant-respondent No.1 filed an application before the Motor Accident Claims Tribunal, Baran, for compensation u/s 166 of the Motor Vehicles Act, 1988, in respect of injuries sustained by him in motor accident which took place on 18.2.1996. The non-claimant No.1, owner and driver of the vehicle, .filed written reply to the claim application. The New India Assurance Company, non-claimant No.2 also filed separate reply to the claim application where a specific objection was taken that the driver of the vehicle was not having a valid and effective driving license. There is a breach of terms and conditions of the insurance policy, hence the Insurance Company is not liable to indemnify the liability of the owner of the vehicle. The Tribunal framed four issues. Both the parties led their oral and documentary evidence. The learned Tribunal vide its award dated 23.9.1997 decided the issues in favour of the claimants and against the non-claimants. The issue No.3 relating to violation of terms and conditions of the insurance policy, was also decided against the Insurance Company. The Tribunal allowed the total compensation of Rs.1,08,







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