Liability of the insurance company is contingent upon the presence of a valid insurance policy and a valid driving licence for the driver of the offending vehicle.

ORDER

This appeal under section 173(1) of the Motor Vehicles Act, 1988 has been filed by the appellant-National Insurance Co.Ltd. (for short "Insurance Company") against award dated 11.2.2022 passed by Member, Motor Accidents Claims Tribunal, Katni (for brevity "the Tribunal") in MACC No.41/2019 [Shobharam Vs. Rajkumar and others] whereby the Tribunal has awarded total compensation of Rs.3,59,877/- to the respondents/claimants. 2. Brief facts of the case are that on 13.7.2018 at about 4.00 pm when original claimant was returning home on feet near Khirhani Kamaniya Gate, Katni a motorcycle (bearing registration no.MP-21/MK-9585) which was driven by respondent No.2, owned by respondent No.3 and insured with appellant, driven in rash and negligent manner dashed against claimant as a result of which he sustained various injuries and his right leg below knee was required to be amputated. The claimant filed claim petition u/s 166 of Motor Vehicles Act on account of injuries and permanent disablement claiming compensation of Rs.6,50,000/-. 3. During pendency of claim petition claimant expired and his legal heirs were brought on record.

4. The Tribunal awarded total compensation of Rs.3,59,877/- alongwith interest at the rate of 6% p.a. from the date of claim petition till realisation. The amount of compensation to be jointly and severally payable by the non-applicants No.1 to 3 before the Tribunal. 5. The appellant/Insurance Company filed this appeal on the ground that learned Tribunal inspite of holding in paragraphs 26 of award that driver on the date of accident i.e. 13.7.2018 did not have valid driving licence to drive the motorcycle, however in paragraph 31 of the award observed that Insurance Company did not prove that respondent/driver did to have valid driving licence and in the light of Bhagwati Bai and another Vs. Bablu @ Mukund and others, AIR 2007 MP 38 (FB) no compensation can be granted to the legal heirs of deceased claimant under the head of loss of future income.

6. Learned counsel for the respondent has supported the impugned award and claimed dismissal of this appeal.

7. Heard learned counsel for the parties and perused the record of the Tribunal. From perusal of final report (Exhibit-P/1) and seizure memo (Exhibit-P/6) it is seen that Police while seizing the motorcycle in question had seized the registration document and insurance policy. The respondents No.2 & 3 (owner and driver of motorcycle) did not enter into the witness box. In paragraph 16 of the final charge-sheet (Exhibit-P/1) the Investigating Officer has given report that driver did not have the driving licence, therefore, section 3 read with section 181 of the Motor Vehicles Act is attracted and owner-Rajendra Kumar is also liable under section 5 read with section 180 of the aforesaid Act.

When the case of the respondents/claimants is based on charge-sheet (Exhibit- P/1) then part of charge-sheet alone cannot be read in favour of the claimant.

The charge-sheet has to be read as a whole and in such a situation it cannot be held that accused/driver (Rajkumar) on the date of accident at the relevant time had the valid driving licence. Accordingly, the breach of insurance policy is proved and findings of the Tribunal in respect of Issue no.3 is set aside. 8. In the case of Pappu and others Vs. Vinod Kumar Lamba and others, (2018) 3 SCC 208 it has been held by Hon'ble Supreme Court in paragraph 12 as under:-

"12. This Court in National Insurance Co. Ltd. [National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297 : 2004 SCC (Cri) 733] has noticed the defences available to the insurance company under Section 149(2) (a)(ii) of the Motor Vehicles Act, 1988. The insurance company is entitled to take a defence that the offending vehicle was driven by an unauthorised person or the person driving the vehicle did not have a valid driving licence. The onus would shift on the insurance company only after