High CourtsSingle Bench(2009) 01 RAJ CK 0005

National Insurance Company Ltd. vs Smt. Bhagali and Others

Rajasthan High Court · Decided on 14 January 2009 · Citation: (2009) 2 WLN 386

HON’BLE JUDGES
Prakash Tatia, J
RESULT
Allowed

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Judgment

5 paragraphs · 178 words

Prakash Tatia, J.—Heard learned Counsel for the parties.

2.

The only point involved in this appeal is whether the appellant insurance company is liable to pay/reimburse the award amount in a case where at the time of accident, the driver had no valid driving license.

3.

In this case, the accident occurred on 23.01.2005 and the license of the driver driving the vehicle expired on 28.09.1993 and his license was got renewed after accident on 25.01.2005.

4.

In view of the judgment of the Hon''ble Supreme Court delivered in the case of Ishwar Chandra and Others Vs. The Oriental Insurance Co. Ltd. and Others, , the issue is no more res integra, hence, the appellant is not entitled to pay the compensation amount under the award dt. 15.06.2007 passed by Motor Accident Claims Tribunal cum Labour Court, Sri Ganganagar in Claim Case No. 103/05. In case, any amount has been paid to the claimant by the Insurance Company, that will be recoverable from the owner of the vehicle.

5.

In view of the above, this appeal is allowed.