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ORIENTAL INSURANCE COMPANY v. PHULLI DEVI & Ors - FAO-5586-2005 [2005] RD-P&H 123 (30 August 2005)


FAO No. 5586 of 2005

Date of decision: 20.12.2005

Oriental Insurance Company



Phulli Devi and others


Hon'ble Mr. Justice N.K.Sud

Hon'ble Mr. Justice Virender Singh

Present : Mr.Vinod Chaudhri, Advocate for the appellant Virender Singh,J.

Oriental Insurance Company, the insured of offending Tanker No. HR-12-GA-0447 has challenged the impugned award of Motor Accident Claims Tribunal,Karnal dated 17.8.2005 whereby respondent nos. 1 to 3 (claimants) have been awarded a compensation of Rs 2,75,000/- along with interest @ 6% per annum. The said tanker was being driven by Kour Singh respondent no. 4 owned by M/s Tanwar Tankers respondent no. 5.

We have heard Mr. Vinod Chaudhri learned counsel for the appellant and have gone through the impugned award.

Mr. Chaudhri contends that the Insurance Company is not liable to indemnify the insured as the owner of the offending vehicle has violated the contract of indemnity in handing over the vehicle to the driver who was not having effective driving licence. According to Mr.

Chaudhri, the driver was not holding driving licence to drive particular type of vehicle involved in the accident and this amounts to breach of conditions of the policy.

We do not agree with the submissions made by Mr.

Chaudhri. The learned Tribunal while relying upon a latest judgment of Hon'ble Apex Court rendered in National Insurance Company vs.

Swaran Singh and others 2004(1) PLR 510 has observed that the Insurance Company cannot escape its liability. The observation is that even if it is accepted that the driver was not holding a licence for LTV, the Insurance Company has not adduced any evidence to establish that the breach of condition of the driving licence is so fundamental which had attributed to the cause of this accident.

The argument of Mr. Chaudhri can otherwise be repelled in the light of a latest Full Bench judgment of this Court rendered in National Insurance Company Ltd. vs Parveen Kumar 2005 RCR (Civil) 885, in which the ratio laid down by the Apex Court in Swaran Singh 's case (supra) was also followed.

No other point has been urged before us.

Resultantly, the present appeal is dismissed in limine itself.

( Virender Singh )


( N. K. Sud )


December 20, 2005



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