F. A. O. No. 1551 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : F. A. O. No. 1551 of 2009
Date of Decision : April 01, 2009
U. P. State Road Transport Corporation .... Appellant
Vs.
Smt. Attar Kali Devi and others .... Respondents
CORAM : HON’BLE MR. JUSTICE L. N. MITTAL
* * *
Present : Mr. Sandeep Kotla, Advocate
for the appellant.
* * * L. N. MITTAL, J. (Oral) :
This is appeal by U. P. State Road Transport Corporation
(owner of the offending bus) assailing Award dated 28.11.2008 passed by
learned Motor Accident Claims Tribunal, Faridabad thereby awarding
compensation of Rs.3,78,286/- to the claimants i.e. respondents no.1 to 3, in
their petition under Section 166 of the Motor Vehicles Act, 1988 for the
death of Deepak Kumar in a motor vehicle accident. Insurer of the vehicle
(respondent no.4 herein) has been held entitled to recover the amount from
the owner and driver of the bus after paying the amount to the claimants.
I have heard learned counsel for the appellant and perused the
case file.
Learned counsel for the appellant contended that Ram Bilas
driver (respondent no.5 herein) possessed a valid driving license, which
F. A. O. No. 1551 of 2009 2
expired on 15.01.2004 and was got renewed on 23.12.2004, whereas the
accident occurred on 21.12.2004. It is contended that merely because the
driving license had lapsed, the insurer cannot be absolved of its liability to
pay the compensation amount. The contention cannot be accepted in view
of the ratio of law laid down by the Hon’ble Supreme Court in the case of
Ishwar Chandra & others vs. Oriental Insurance Co. Ltd. and others
reported as 2007 (2) Law Herald (SC) 1090 and also in the case of Ram
Babu Tiwari vs. United Indian Insurance Co. Ltd. reported as 2008 (5)
Law Herald (SC) 3377. It is established position on record that driving
license of the driver had expired more than 11 months before the accident.
Application for renewal thereof was also not moved within 30 days of the
expiry of license. On the other hand, the license was got renewed w.e.f.
23.12.2004 i.e. two days after the accident. In other words, the driver had
no driving license on the date of accident and therefore, the insured
appellant committed breach of terms and conditions of insurance policy by
handing over the vehicle to the driver, who was not holding valid driving
license. Consequently, the insurer has been rightly absolved of its liability
and has been given right to recover the compensation amount from the
owner and the driver after paying the same to the claimants. The solitary
contention raised on behalf of the appellant having thus been found without
merit, the appeal is accordingly dismissed.
April 01, 2009 ( L. N. MITTAL ) monika JUDGE