Case Note & Summary
The present first appeal was filed by the Commandant and another (appellants) against the judgment and award dated 23.09.2021 passed by the Motor Accident Claims Tribunal (Aux.), Kachchh in MACP No.403 of 2010. The claimant, Alimamad Ibrahim Sama, had filed a claim petition seeking compensation for injuries sustained in a motor vehicle accident that occurred on an unspecified date. According to the claimant, he was riding his motorcycle bearing No. GJ-12-AB-6456 carefully and on the correct side of the road when the offending vehicle, a Maruti Gypsy bearing No. RJ-19-IC-3528, driven by opponent No.1 in a rash and negligent manner, lost control and dashed against his motorcycle. As a result, the claimant sustained grievous injuries and suffered permanent and total disability. The claimant alleged that the accident occurred solely due to the rash and negligent driving of opponent No.1. The appellants, who are the insurer of the offending vehicle, contested the claim primarily on the ground that the driver of the offending vehicle did not possess a valid driving licence at the time of the accident. The learned advocate for the appellants, Ms. Zeel Raval appearing for Mr. Ankit Shah, submitted that the claimant himself admitted before the Tribunal that he did not have the requisite driving licence, and therefore the appellant is not liable to pay compensation. It was further submitted that the MACP was filed after a delay of five years, and thus the appeal deserves to be allowed. On the other hand, the learned advocate for the respondent-claimant opposed the appeal, arguing that the Tribunal had rightly awarded just and proper compensation based on the evidence on record. The court, after hearing both sides, dismissed the appeal. The court held that the insurer failed to prove that there was a willful breach of the policy condition by the insured. The mere absence of a driving licence does not automatically exonerate the insurer, especially when the insurer has not established that the owner was aware of the lack of licence or that the breach was fundamental. The court also noted that the delay in filing the claim was condoned by the Tribunal and was not a ground to interfere with the award. Accordingly, the appeal was dismissed, and the insurer was directed to pay the compensation awarded by the Tribunal, with liberty to recover the same from the owner of the offending vehicle in accordance with law.
Headnote
A) Motor Accident Claims - Liability of Insurer - Driving Licence - Breach of Policy Condition - The insurer sought exoneration on ground that driver lacked valid licence - Tribunal held that insurer failed to prove willful breach of policy condition - High Court affirmed, noting that mere absence of licence does not automatically exonerate insurer unless breach is fundamental and contributory - Held that insurer must pay compensation but may recover from owner (Paras 1-5).
Issue of Consideration
Whether the appellant-insurer is liable to pay compensation when the driver of the offending vehicle did not possess a valid driving licence at the time of the accident.
Final Decision
The appeal is dismissed. The judgment and award dated 23.09.2021 passed by the Motor Accident Claims Tribunal (Aux.), Kachchh in MACP No.403 of 2010 is confirmed. The appellant-insurer is directed to pay the compensation awarded by the Tribunal, with liberty to recover the same from the owner of the offending vehicle in accordance with law.
Law Points
- Motor Accident Claims
- Liability of Insurer
- Driving Licence
- Breach of Policy Condition
- Delay in Filing Claim
- Just Compensation
