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NEW INDIA ASSURANCE COMPANY LIMITED versus SURJIT KAUR & ORS

High Court of Punjab and Haryana, Chandigarh

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New India Assurance Company Limited v. Surjit Kaur & Ors - FAO-4886-2005 [2006] RD-P&H 6330 (31 August 2006)

FAO No.4886 of 2005 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

DATE OF DECISION: 10.8.2006

New India Assurance Company Limited

...Appellant

versus

Surjit Kaur and others

... Respondents

CORAM:- Hon'ble Mr. Justice Uma Nath Singh.
Hon'ble Mr. Justice S.D.Anand.

Present: Mr.N.K.Khosla, Advocate,

for the appellant.

Mr.Sameer Sachdeva, Advocate

for respondent No.5.

UMA NATH SINGH, J.

In this FAO by the Insurance Company against an award dated 6.6.2005 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Chandigarh, in MACT Case No.100 of 2002, the appellant-insurer is aggrieved only by denial of the recovery right for the fact that there was a breach of condition of the policy.

We have heard learned counsel for the parties and carefully examined the award. In para No.7 (Issue No.3), the Tribunal has returned a categorical finding that on the date of accident, i.e., 7.9.2002, the driver of the offending vehicle was not holding a valid driving licence for driving light motor vehicles. As per the discussion, he was issued a driving licence (C-98020491 WZ) by the Licencing Authority, Delhi, which was valid from 20.2.1998 to 19.2.2001. Thereafter, this licence was renewed after one year and eight months on 9.10.2002 and its validity period was upto 8.10.2005. Thus, as the driver of the offending vehicle FAO No.4886 of 2005 (O&M) 2

was not holding a valid and effective driving licence on the date of accident, we grant the recovery right to the appellant insurer to recover the compensation amount from the owner of the offending vehicle.

Resultantly, the findings of the Tribunal are partly set aside and modified in the terms as indicated above.

The FAO is thus allowed.

( UMA NATH SINGH )

JUDGE

August 10, 2006 ( S.D.ANAND )

pk JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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