Branch Manager v. Kanwal Singh Koroti
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MAC No.9 of 2016 Branch Manager Through The Cholamandalam M S General Insurance Company Ltd. 2nd Floor Simran Bhawan, In Front Of Life Insurance Office Pandri (Raipur).......(Insurer) ---- Petitioner
Versus
1. Kanwal Singh Koroti S/o Late Durgu Ram, Aged About 64 Years R/o Village Bade Kilopal, P. S. Kodenar, District Bastar (Chhattisgarh)
2. Smt. Jayanti Bai W/o Kanwal Singh, Aged About 55 Years R/o Village Bade Kilopal, P. S. Kodenar, District Bastar (Chhattisgarh)............(Claimant)
3. Ravi Kumar Baghel S/o Late Gopinath Baghel, Aged About 26 Years R/o Near Sulabh Complex, Kumharpara, Jagadalpur, District Bastar (Chhattisgarh)........ (Driver)
4. Arjun Kashyap S/o Late Ramsai Kashyap, Aged About 60 Years R/o Orna Camp, Adawal, P. S. Bodhghat, District Bastar (Chhattisgarh)..........(Owner) ---- Respondents For Petitioners :
Shri G. S. Patel, Advocate For Respondent No.1 & 2 :
Shri P. K. Tulsyan, Advocate None for respondent No.3, though served.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 10/05/2016 Heard.
2.
The short issue, which arises for consideration in this appeal, is as to whether in the event, the driver was not possessed of licence, the insurance company would be liable for payment of compensation or not.
3.
This issue has been earlier considered by this Court relying upon the judgment of Supreme Court in the case of S. Iyyapan vs. United India Insurance Company Limited and another1 and held that in such a event also, as long as the policy is in (2013) 7 SCC 62
force and effective, the insurance company is liable to pay compensation though the insurance company entitled to recover the same from the owner. 4.
In view of above legal position, this appeal is partly allowed. Though the insurance company is liable to pay compensation as has been awarded by the Tribunal under the various heads, it would be open for the insurance company to recover the amount paid by it from the owner and driver. Sd/- Manindra Mohan Shrivastava Judge Tumane