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HIGH COURT OF BOMBAY
Smt. Anuja Prabhudessai, J
Branch Manager, National Insurance Company Limited – Appellant
Versus
Shri. Bakshi Watuji Mandhare – Respondent
First Appeal No. 1976 of 2019
For the Appellants/Petitioners: Mr. C.A. Anthony
For the Respondents: Mr. B.R. Deshmukh
Insurers cannot be absolved from liability without clear evidence of policy breaches.
Headnote:This case concerns an appeal under Section 173 of the Motor Vehicles Act against the judgment and Award dated 09.05.2018 in MACP No. 90 of 2012. The tribunal had awarded compensation of Rs. 3,40,000/- for the death of the claimant's wife in a vehicular accident caused by negligence. The primary issue revolved around the appellant's claim of non-liability based on the driver’s alleged lack of a valid driving license. The court found no substantial evidence to support the appellant's claim and confirmed the tribunal's award. The appeal is dismissed.
| Table of Content |
|---|
| 1. summary of appeal and facts. (Para 1 , 2 , 3) |
| 2. claims regarding liability and evidence. (Para 4 , 5 , 6) |
| 3. final ruling and dismissal of appeal. (Para 7 , 8) |
1. This is an Appeal under Section 173 of the Motor Vehicles Act , challenging the judgment and Award dated 09.05.2018 in MACP No. 90 of 2012. By the judgment and Award, the Tribunal Nagpur, has allowed the claim Petition under Section 166 of the Motor Vehicles Act and awarded compensation of Rs.3,40,000/- with interest at the rate of 7.5% per annum from the date of the Petition till final realization.
2. Brief facts, which are necessary to decide this appeal are as under:-
3. The Claimant/Respondent No.1 is the widower and Respondent Nos.2 and 3 are the children of deceased Bebibai Mandhare, who expired as a result of the injuries sustained in a motor vehicular accident on 05.06.2011 involving vehicle bearing registration No. MH-33-3349, which was duly insured with the Appellant-Insurance Company.
4. The Claimants had alleged that the accident was caused due to rash and negligent driving by the driver of the offending vehicle i.e. Matador. The deceased was 40 years of age. The Tribunal considered the income of the deceased at Rs.3,000/- per month. Upon considering the evidence on record, the Tribunal awarded compensation of Rs. 3,40,000/- to the Claimants with interest at the rate of 7.50% per annum.
5. The Appellant-Insurance Company has challenged the impugned judgment and Award only on the ground that the driver of the offending vehicle was not possessing valid and effective driving license and as such Insurance Company is not liable to pay any compensation for breach of terms and conditions of the policy. The learned Judge has observed that though the Appellant-Insurance Company had raised the plea of breach of terms and conditions of the policy, it has not adduced any evidence to substantiate the said contention.
6. Learned counsel for the Appellant submits that the police report indicates that the driver was not holding a valid and effective driving license. The said entry by itself, would not be a proof of the fact that, the driver was not holding a license or that he had driven the vehicle without holding any valid and effective license. Moreover, it is on record that crime was registered against the driver for driving the vehicle in a rash and negligent manner. No crime was registered against him for driving the vehicle without driving license and thereby contravening the provisions of the Motor Vehicles Act . In the absence of evidence of breach of terms and conditions of the policy, the Appellant-Insurance Company cannot be absolved of its liability of indemnifying the insured. In the circumstances, the Appeal has no merit and is accordingly, dismissed.
7. The compensation deposited by the Appellant-Insurance Company along with the interest be paid to the respondent No.1/original Claimant No.1.
8. Pending application(s), if any, stand(s) disposed of.
