Shri. Suresh Ambadas Pawar v. Shri. Laxman Narayan Patole and Anr.
Motor accident claim – breach of insurance policy terms – driver not holding effective and valid driving licence
Case brief
What is this about?
Bombay High Court, First Appeal No. 259 of 2024, decided 24 June 2025 by Shivkumar Dige, J. Claimant's appeal against Motor Accident Claims Tribunal, Solapur order exonerating United Insurance Co. Ltd. because the driver of the offending vehicle was not holding an effective and valid driving licence (breach of policy terms), with liability fixed on the owner Laxman Narayan Patole. Held: pay and recover – insurer liable to pay compensation despite breach of policy conditions, with recovery from owner. Appeal allowed; no compensation quantum stated in the judgment; no statutes or precedents cited.
What did the court decide?
Respondent No.2 (insurance company) directed to pay the compensation amount awarded by the Tribunal, along with interest, to the claimant and to recover it from the owner of the offending vehicle (respondent No.1); the insurer to deposit the compensation amount with interest within eight weeks of receipt of the order; claimants permitted to withdraw the deposited amount with accrued interest; R&P to be sent back to the Tribunal; pending applications disposed of.