Sant Lal v. Sanjay Yadav and Others
Case brief
What is this about?
In this motor accident appeal, the High Court modified an award exonerating the insurance company. Relying on Supreme Court precedent, the court held the insurer liable despite the driver lacking a valid licence, ordering payment of the awarded compensation with interest.
What did the court decide?
Insurance company ordered to pay compensation awarded by the Tribunal with interest; may recover the amount from the appellant.
What the court decided
FAO No.40 of 1989 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
FAO No . 40 of 1989 DATE OF DECISION : 13 -9-2006
Sant Lal
… APPELLANT.
Sanjay Yadav & others
… RESPONDENTS
CORAM:HON’BLE MR. JUSTICE ARVIND KUMAR
Present: None for the appellants
Ms. Karnica Bhurjee, Advocate, for Mr. L.M.Suri, Sr. Advocate for respondent No. 2-insurance company.
JUDGMENT:
This is an appeal by Sant Lal, driver of the offending truck, against award dated 1.12.1988 passed by the Motor Accident Claims Tribunal, Bhiwani, whereby he has been ordered to pay compensation of Rs.one lac on account of causing injuries to claimant Sanjay Yadav (respondent No.1 herein) by his truck bearing No.HYB- 1195.
Issues for consideration
2 issues framed by the court
Whether the insurance company is liable to pay compensation despite the driver's non-renewal of driving licence at the time of the accident.
Whether the breach of policy condition regarding valid driving licence allows the insurance company to avoid liability.
Parties & counsel
- appellant
Sant Lal
- respondent
Sanjay Yadav
- respondent
Sanjay Yadav & others
Coram
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · September
- Registered
- Case no.
- FAO/40/1989
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