Oriental Insurance Co. Ltd. vs Krishna and Others

Virender Singh, J.—The Oriental Insurance Company Limited, insurer of offending truck No. HR-38G-5820 has impugned the award of Motor Accident Claims Tribunal, Sonepat dated 3rd September, 2005 whereby L.Rs./dependents of Ram Bhajan since deceased have been awarded a compensation of Rs. 3,53,000 along with interest @ 6% per annum on account of death of aforesaid Ram Bhajan in a vehicular accident caused by Iqbal Singh respondent No. 1, driver of the aforesaid offending vehicle on 19th September, 2002. The said vehicle was owned by Virender Kumar respondent.

There is a delay of 6 days in filing the instant appeal for which a separate application bearing C.M. No. 25632.CII of 2005 has been filed u/s 5 of the Limitation Act for condonation of the said delay.

We have, however, heard Mr. D.P. Gupta, learned Counsel for the appellant on merits.

Mr. Gupta contends that the appellant Company should have been absolved of iits liability by the Tribunal to indemnify the insured as the licence of the driver Iqbal Singh at the time of accident was not a valid one inasmuch as the driving licence in fact was never renewed by the concerned Licensing Authority in the name of aforesaid Iqbal Singh driver. Mr. Gupta on the basis of the aforesaid facts submits that this amounts to clear breach of the terms and conditions of the policy and, therefore, the Insurance Company cannot be held liable. The learned Counsel in the same breath submits that the learned Tribunal has erred in holding that the appellant Company should have examined the owner of the offending vehicle to prove that he was having no knowledge with regard to the fakeness of driving licence. According to the learned Counsel personal knowledge is to be proved by the person who is alleged to have the personal knowledge irrespective of onus of proving the issue. Therefore, according to the learned Counsel, the observation of the learned Tribunal against the Insurance Company is liable to be set aside.

We do not agree with the submissions advanced by Mr. Gupta. The learned Tribunal in para No. 28 of the impugned award has relied upon a latest judgment of the Supreme Court rendered in National Insurance Company Ltd. v. Swaran Singh I 1 2004 ACC (SC) 1 : 2004 (2) R.C.R. 114, and thereafter has come to the conclusion that it was for the Insurance Company to plead and prove the knowledge of the owner of the insured vehicle to the effect that the driving licence of the driver Iqbal Singh was fake. Since the Insurance Company has failed to discharge the said onus, a finding has been returned against it. We do not find any good reason to disturb the same.

No other point has been urged before us.

Since we do not find any life in the instant appeal on merits, we do not intend to condone the delay as well.

Resultantly, the present appeal is dismissed in limine itself.