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Judgment
Shiv Kumar Sharma and Prem Shankar Asopa, JJ.—Mukesh, a young boy of 19 years, lost his life in an accident that occurred on 5.5.2002. The Motor Accidents Claims Tribunal awarded a sum of Rs. 1,82,000 to the claimants. Since learned Tribunal exonerated New India Assurance Co. Ltd. from the liability to pay compensation, the claimants preferred civil misc. appeal before the single Bench of this Court. Learned single Bench vide order dated 17.5.2004 dismissed the appeal with these observations:
It is difficult to appreciate how the claimants are competent to address the court on the question that the driver of the vehicle which caused the accident was holding a valid driving licence for light motor vehicles and that his licence was valid up to the year 2014, when neither the owner nor the driver has come up in appeal against Claims Tribunal''s award challenging the finding of the Tribunal that the driver of vehicle was holding a valid licence.
We have heard the rival submission and scanned the record.
It is well settled that even if the breach of terms and conditions of insurance policy is made by the driver of the vehicle, the burden lies on the insurance company to establish that breach of conditions of insurance policy was made to the knowledge of vehicle owner. In the instant case admittedly New India Assurance Co. Ltd. did not plead in the written statement that breach of insurance policy was committed to the knowledge of vehicle owner. Thus the respondent insurance company cannot absolve itself from the liability.
For these reasons the appeal stands partly allowed and it is directed that the respondent New India Assurance Co. Ltd. shall be liable jointly and severally to pay the compensation. We, however, see no ground to enhance the award. The impugned judgment of learned single Judge is set aside and award of the Tribunal stands modified as indicated above. No costs.