Vijay Kumar v. Cholamandalam Ms General Insurance Co. Ltd And ORS

 









 
  



 





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& ( Now the question arises as to who would pay the amount of compensation. Admittedly, offending vehicle i.e. Canter No.HR

45A 4140 was being driven by respondent No.1, who was also owner of the same and the aforesaid offending canter No.HR

45A 4140 was insured with respondent No.2 Cholamandalam MS General Insurance Company Ltd. at the time of alleged accident. An objection was taken by respondent No.2 that the vehicle in question was being plied in contravention of the terms and conditions of the insurance policy and respondent No.1 was not holding a valid and effective driving licence on the alleged date of accident. Although, respondent No.1 has failed to produce on record his driving licence, yet respondent No.2 Insurance Company has also failed to bring on record any evidence showing that the respondent No.1 was not holding a valid driving licence on the alleged date of the accident. Whereas, the claimants during the course of evidence, have placed on record report under Section 173 Cr.P.C. Ex.P7 and a minute perusal of the same unveil that respondent No.

1 Vijay Kumar was charge sheeted under Sections 279/337/338/304 of the Indian Penal Code and during investigation of the aforesaid criminal case, it is nowhere proved that the driver i.e. respondent No.1 was not having a valid and effective driving licence. However, since the onus to prove that the respondent No.

 
licence was upon the respondents and respondent No.1 failed to produce on record his driving licence during the course of proceedings of this case, it is held that respondent No.1 Vijay Kumar, driver of the offending vehicle in question, was not holding a valid and effective driving licence on the date of accident and thus there was a breach of terms and conditions of the insurance policy. In the light of above discussion, this tribunal is of the considered view that respondent No.2

Insurance Company has succeeded to prove issue No.3. Accordingly, issue No. 2 is partly decided in favour of the claimants whereas issue No.3 against respondent No.1. Under issue. No.3, respondent No.2 is absolved from its liability to pay the compensation and respondent No.1 i.e. driver and owner of the offending vehicle, is held solely liable to pay the same to the claimants. However, in view of the proposition of law laid down in
               !"#$%&' !%#("", the amount of compensation along with interest shall first pay by the respondent No.2 Insurance Company and thereafter it shall have a right to recover the said amount from the insured as per law.


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  Yogesh













 
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