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National Insurance Co. Ltd. – Appellant
Versus
Mst. Hajira – Respondent
JUDGEMENT :
1. This is an appeal under Section 173 of the Motor Vehicles Act praying for setting aside the judgment and award dated 12.10.2018 passed by the Motor Accident Claims Tribunal, Srinagar (for short, ‘Tribunal’)
The Tribunal by virtue of the award impugned, allowed an amount of Rs. 6,98,500/- with 6.5% per annum in favour of the petitioners from the date of the presentation of the claim petition till realization.
2. The main ground of challenge in the present appeal is that since the driver of the offending vehicle did not have an effective and valid licence, therefore, no liability could be fastened on the insurance company.
3. In its defence, the insurance company took two pleas; firstly, it was stated that the driver of the offending vehicle was not holding a valid driving licence at the time of the alleged accident and secondly, it was generally stated that the petitioners be put to strict proof regarding the vehicular documents like Registration Certificate, Route Permit, Fitness Certificate and other vehicular documents.
4. On a perusal of the award impugned, it is seen that issue No. 2 was framed by the Tribunal, which reads as under:
Point of Law : Motor Accident Claims - Licence - Use of a vehicle in a public place without a permit is a fundamental statutory infraction. We are disposed to think so in view of the series of except....
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....
The main legal point established in the judgment is the burden of proof on the insurance company to establish the breach of policy conditions and the liability of the owner of the vehicle.
Insurance companies must initially pay compensation even if the driver lacks a valid license, with the right to recover from the vehicle owner.
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