Research › Search › Judgment

Allahabad High Court · body

2003 DIGILAW 2558 (ALL)

ORIENTAL INSURANCE CO. LTD v. BRAHMA DEEN

2003-10-31

M.A.KHAN, PRADEEP KANT

body2003
( 1 ) THIS is an appeal filed by the insurance company challenging the award dated 25. 10. 97 passed by the Motor Accidents Claims Tribunal. ( 2 ) THE learned counsel for the appellant does not dispute that permission under section 170 of the Motor Vehicles Act was not obtained by the insurance company before the Tribunal and, therefore, the grounds on which the present award is sought to be challenged, would not be available as they fall outside the ambit of Section 149 (2) of the Motor Vehicles Act but for the ground that the driver of the offending vehicle was not having a valid driving licence. ( 3 ) LEARNED counsel for the respondents has also placed reliance upon the case of National Insurance Company Ltd. , Chandigarh v. Nicolletta Rohtgi and others 2002 (10) SBR 227, in support of his submission that the appellant is not entitled to raise any other issue except the validity of driving licence. He further submits that even if the driver of the offending vehicle was not having valid driving licence, or was not duly licenced, still the liability of the insurance company would not be absolved, so far as the payment to the claimant (s) is concerned. For this he relies upon the case of New India assurance Co. Shimla v. Kamla and others (2001) 4 SCC 342 and United India insurance Co. Ltd. v. Lehru and others (2003) 3 SCC 338 and the judgment of division Bench of this Court in the case of United India Insurance Company Ltd. v. Santosh Kumar and others 2003 (1) T. A. C. 743 (All. ). ( 4 ) THE learned counsel for the appellant does not dispute the aforesaid legal position. ( 5 ) WE, therefore, while dismissing the appeal, leave it open to the insurance company to initiate appropriate proceedings as may be permissible under law against the owner and driver of the vehicle for recovery of the amount which has been paid by the insurance company to the claimant (s) subject to establishing its case regarding the validity of the driving licence in the said proceedings. We, therefore, find no merit in this appeal. ( 6 ) WE are informed that certain money is deposited in this Court and rest of the amount is deposited before the Tribunal. We, therefore, find no merit in this appeal. ( 6 ) WE are informed that certain money is deposited in this Court and rest of the amount is deposited before the Tribunal. We, therefore, direct that the claimant-respondents shall be allowed to withdraw the entire amount, which is in deposit either in this Court or before the Tribunal. The appeal is dismissed. .