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2010 Supreme(P&H) 2408

K.KANNAN
New India Assurance Company Limited – Appellant
Versus
Tek Chand Gupta – Respondent


Judgment

K.Kannan, J.

1. The Insurance Company is in appeal challenging the liability cast on the insurer on the ground that the driver of the bus, who was found to be responsible for the accident in its collision with the scooter, could not have been made liable at all in view of the fact that the driver of the bus did not have a valid driving licence. The learned senior counsel points out that the licence was valid for the driver upto 07.07.1998 and it was renewed only in December, 1998. The accident had taken place on 28.08.1988 and since the driver did not have a valid driving licence, the Insurance Company could not be made liable at all. I have no difficulty in accepting the plea that the insurer is not liable to indemnify the insured for breach of terms of policy. When I hastened to pass the order for satisfying the claimants and provide for a right of recovery, the learned senior counsel presses for a detailed reasoning of the plea that the insurer shall not be liable to satisfy the claimant at all, in the first place.

2. The learned counsel refers to a decision of the Honble Supreme Court Ram Babu Tiwari v. United Insurance Co. Ltd., (2008-4)152 P.L.R. 138 (S.C.); Ishwar Ch














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