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2011 DIGILAW 2366 (RAJ)

Shiv Chand Hukam Chand v. Fakir Mohammad

2011-11-04

MOHAMMAD RAFIQ

body2011
RAFIQ, J.—This appeal has been preferred by the owner against the award passed by the Motor Accident Claims Tribunal dated 8.3.1999 by which the insurance company has been exonerated from the liability to make payment of the compensation on the ground that driver of the offending vehicle at the relevant time was possessing learners licence and not a regular licence and therefore the vehicle was being plied in breach of conditions of the policy. The learned Tribunal in issue No.4 recorded the aforesaid finding relying on the judgment of Supreme Court in New India Assurance Co. Ltd. vs. Mandar Madhav Lambe-1996 ACJ page 253. 2. Shri Sanjay Mehrishi, learned counsel for the appellants has relied upon the judgment of Supreme Court in National Insurance Company Ltd. vs. Swaran Singh & Ors. (2004) 3 SCC 297 = RLW 2004(2) SC 161 and argued that the three Judge Bench of Supreme Court in that case has authoritatively held that even if their driver had a learner's licence, the insurance company would still be liable to satisfy the decree of compensation. This judgment was followed in case of National Insurance Co. Ltd. vs. Bhagwani & Ors.- (2004) 3 SCC 347 . 3. A perusal of the aforesaid judgment shows that the judgment of Supreme Court in Mandar Madhav Lambe, supra was distinguished by the Supreme Court and it was held that it cannot be said that a person holding a learner's licence is not entitled to drive the vehicle. Even if their exist a condition in the contract of insurance that the vehicle cannot be driven by a person holding a learner's licence, the same would run counter to the provisions of Section 149(2) of the Motor Vehicles Act. If a vehicle at the time of accident was driven by a person having a learner's licence, the insurance companies would be liable to satisfy the decree. 4. In view of aforesaid, the finding recorded by the Tribunal cannot be sustained. Resultantly, the finding on issue No.4 recorded by the Tribunal is reversed and the appeal is allowed with the direction that the insurance company shall be liable to indemnify the owner for payment of compensation. 4. In view of aforesaid, the finding recorded by the Tribunal cannot be sustained. Resultantly, the finding on issue No.4 recorded by the Tribunal is reversed and the appeal is allowed with the direction that the insurance company shall be liable to indemnify the owner for payment of compensation. The appellant shall be entitled for refund of the amount deposited by it with the Tribunal, however the insurance company is directed to pay the entire amount to the claimants after adjusting the amount paid under no fault liability, if any, within a period of three months from the date copy of this order is produced. With that direction, the appeal is allowed.