An insurance company is not liable for compensation if the driver lacks a valid driving license, but must initially compensate claimants and can recover from the vehicle owner.

This appeal is filed by the Insurance company being aggrieved by the award dated 22/8/2012 passed by First Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No.159/2011 whereby claim of Rs.4,28,000/- was awarded in favour of the claimant.

The facts necessary for disposal of the present appeal in brief are that on 16.2.2010 at about 5:00 P.M. deceased Mukesh Gaur , Kamlesh and Rajendra was returning from Barke Gaon by jeep bearing registration No.M.P.-07-H- 3400 which was being driven by one Mukesh Gaur in rash and negligent manner. At the time of descending from RaniGhat in front of Hanuman Mandir due to steering failure it climbed on the khanda lying on the side of the road and turned turtle upon mukesh due to which he died on the spot.

It is submitted by the learned counsel for the appellant that learned Tribunal on the basis of Ex.P/7 which is a driving license adduced by the wife of deceased Vimlesh Gaur (AW-1) is found it to be valid and believable on the basis of comparison of signature of officer issuing such license but that comparison is not supported by a report of Finger Print Expert as to whether the signature in the register adduced on behalf of RTO, Bhind and signature on license Ex.P/7 are purportedly matching or not and whether the signatory is same or not, therefore, on the basis of such comparison by mere perusing the documents cannot be upheld especially when Dilip Kumar (NAW-4) who has posted in RTO Office, Bhind has categorically stated that Ex.P/7 has not been issued by the RTO, Bhind and the entry of Ex.P/7 is not entered in register of issuing such licenses. The driving license issued by RTO, Gwalior is found to be fake, therefore, at the time of accident, deceased Mukesh was not having any valid and effective driving license, hence the insurance company in the premises of breach of the policy entitled to be exonerated from the payment of compensation amount.

Per contra, it is submitted by the learned counsel for the respondents/claimants that though the license issued by RTO, Gwalior is found to be fake but the learned Tribunal has believed license issued by RTO, Bhind as Ex.P/7 and finding in this regard of leaned Tribunal is not perverse, therefore, there is no breach of policy of insurance company. Learned tribunal rightly held insurance company liable for payment.

Having heard the learned counsel for the parties and on the perusal of record, this Court finds that Ex.P/7 which is a disputed document is found to be believable by the learned Tribunal on the basis of comparison of signature without their being any report of finger print expert in support of such signatures. Particularly, in the light of the statement of Dilip Kumar (NAW-4) who categorically stated that this license (Ex.P/7) has never been issued by the RTO, Bhind and register maintaining for the purpose did not bear any entry in this regard. The statement of Dilip Kumar (NAW-4) is found to be believable. The finding of Tribunal as regards Ex.P/7 founded it genuine and reliable is without cogent basis.

Resultantly, it is found that at the time of accident deceased Mukesh was driving the offending vehicle without valid and effective license. There is a clear breach of condition of policy qua driving license; therefore, appellant- insurance company is not liable to pay the amount of compensation to the claimants nevertheless appellant-Insurance Company is liable to pay the amount of compensation first and then it is entitled to recover the amount from the owner/respondent No.2 of the offending vehicle. The Hon'ble Apex Court in the cases of National Insurance Co. Ltd. vs. Swaran Singh & Ors. (2004) 3 SCC 297 and Pappu and others vs. Vinod Kumar Lamba and another , 2018(1) T.A.C. 360 (SC) held that in cases of motor accidents where the driver of the offending vehicle did not possess the valid and effective driving license at the time of accident, insurance company will be absolved from its liability to pay the compensation,