AI Structured Summary
Not yet generated for this judgment
Judgment
K. Kannan, J.
CM No. 6647-CII of 2014
There is a delay of 58 days in filing the appeal. For the reasons stated in the application, application is allowed. Delay in filing the appeal is condoned.
FAO No. 1786 of 2014
The appeal is by the insurer on the ground that the driver did not have a valid driving license. The distinction sought to be made is that if there was a license which had expired at the time of accident or if there was a license which had been renewed of a fake license it would be different. According to the appellant, if there was no license at all the Insurance Company cannot be made liable. This distinction does not exist at all in law and the liability of the insurer to pay shall be seen from the only point that there was a valid policy of insurance at the relevant time of accident. Any defence that the insurer might have u/s 149(2) will afford a right of recovery against the owner and driver but as far as the liability to a third party is concerned the insurer can have no more right than to pay and recover in the manner contemplated in New India Assurance Co., Shimla Vs. Kamla and Others etc. etc., and National Insurance Co. Ltd. Vs. Swaran Singh and Others, . This point has also been dealt with by this Court in Seema Vs. Sat Pal and Others, .
The appeal by the insurer is dismissed.