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Judgment
This appeal is directed against the Judgment and Order passed by the Motor Accident Claims Tribunal, Mysore ( ''Tribunal'', for short] in MVC No.182/2008.
The insurer is in appeal primarily challenging the Judgment and order impugned herein on the ground that the driver of the offending vehicle did not possess the valid and effective driving licence at the time of the accident. As such, there was breach of terms and conditions of the Insurance policy. In view of the same, no liability would have been fastened on the Insurance company by the Tribunal. Based on these grounds, learned counsel Smt.H.R.Renuka, appearing for the Insurance company contended that the Tribunal grossly erred in foisting the liability on the Insurance company ignoring the vital aspect of breach of the terms and conditions of the Insurance policy.
On the other hand, Sri.B.S.Nagaraj, learned counsel appearing for respondent No.2-owner justifying the impugned Judgment and order submitted that no cogent evidence was let in by the Insurance company to establish the factum of the driver not possessing the valid and effective driving licence. The charge sheet filed by the police authorities also do not disclose the same. Considering the material evidence on record, the Tribunal rightly fastened the liability on the Insurance company which cannot be found fault with.
Having heard the learned Counsel for the parties and perusing the material on record, it is apparent that in order to establish the factum of the driver of the offending vehicle not possessing the valid and effective driving licence, substantial evidence is required to be placed on record. Neither the RTO nor any officer of the RTO was examined by the insurer to establish that the driver had no valid and effective driving licence at the time of the accident. It is well settled law that mere accusation of breach of terms and conditions of the Insurance policy i.e., the driver not possessing the valid and effective driving licence itself would not be a ground for the Insurance company to escape the liability. It has to be proved that such breach was so fundamental and it is due to the said fundamental breach, the accident occurred. No such concrete evidence is available on record to accept the version of the Insurance company. Besides these aspects, the charge sheet also do not disclose that the driver of the offending vehicle had not possessed the valid and effective driving licence at the time of the accident. These material factors were extensively considered by the Tribunal in fixing the liability on the Insurance company.
The appeal is bereft of any substance and accordingly, stands dismissed.
Amount in deposit shall be transferred to the jurisdictional Tribunal for disbursement.