High CourtsSingle Bench(2010) 09 SHI CK 0062

Bajaj Allianz General Insurance Co. vs Smt. Krishna Devi and Others

High Court Of Himachal Pradesh · Decided on 14 September 2010

HON’BLE JUDGES
Surjit Singh, J
RESULT
Dismissed
CASE NUMBER
F.A.O. No. 334 of 2010

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Judgment

3 paragraphs · 175 words

Surjit Singh, J.—Heard and gone through the record.

2.

By means of the present appeal, Insurance Company has assailed interim award, u/s 140 of the Motor Vehicles Act, whereby a sum of Rs. 50,000/- has been awarded in favour of the dependents of a person, who died in a vehicular accident. The sole ground on which the award has been challenged is that the person, who was driving the vehicle at the time of the accident, did not possess a valid and effective driving licence.

3.

Award has been passed, u/s 140 of the Motor Vehicles Act, without recording the evidence. In case the Insurance Company ultimately succeeds in proving its plea that the driver of the vehicle was not having a valid and effective driving licence and it (the Insurance Company) is held not liable to pay compensation, in that situation it shall have the right to recover the amount of interim award, challenged in the present appeal from the insured. With this observation, appeal is dismissed. Pending application(s), if any, shall stand dismissed.