Dismissed

(O&M) National Insurance Co.Ltd. v. Mewa Ram etc.

Punjab & Haryana HC22 Sept 2010FAO/5373/2002

Case brief

AI extract

What is this about?

Appeals filed by the insurer seeking total exclusion of liability due to the driver's lack of a driving licence were dismissed. The court held the insurance tribunal's award justified based on established precedents requiring the apply the 'pay and recover' principle.

What did the court decide?

The awards of the Tribunal are confirmed and the appeals by the insurance company are dismissed.

(O&M) National Insurance Co.Ltd. Vs Mewa Ram etc. — Punjab & Haryana HC (2010) — LawSathi Research

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FAO No.5373 of 2002

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.5373 of 2002 Date of Decision. 22.09.2010

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National Insurance Company (insurer of offending bus No.HR39/6785) through its Assistant Administrative Officer

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......Appellant

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Versus

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Mew Ram son of Kahna Ram, caste Jat, resident of village Banawali Tehsil and District Fatehabad and others

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......Respondents

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2. FAO No.5374 of 2002

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National Insurance Company (insurer of offending bus No.HR39/6785) through its Assistant Administrative Officer

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......Appellant

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Versus

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William Bedi son of Sumerpal Bedi, Caste Christian, resident of Bhatia Colony, Fatehabad, Tehsil and District Fatehabad and others

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......Respondents

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Present: Mr.Tajinder Pal Singh, Advocate for the appellant.

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None for the respondents.

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CORAM:HON'BLE MR. JUSTICE K. KANNAN

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Whether Reporters of local papers may be allowed to see the judgment ?

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest?

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K. KANNAN J.(ORAL)

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The insurance company is on appeal pleading for a complete exclusion of liability in a case where the driver had admittedly no driving licence at the time of the accident. The Tribunal had, therefore, found the insurer to be liable to satisfy the claimants and provide to it the right of recovery against the owner insured. The principle of pay and recover is too well established

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FAO No.5373 of 2002

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since the judgment of the Hon'ble Supreme Court in New India Assurance Co., Shimla v. Kamla,(2001) 4 SCC 342 and followed subsequently in relation to cases where the driver had merely a fake driving licence or no licence at all as in National Insurance Company Limited Vs. Swaran Singh (2004) 3 SCC 279 .

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The award of the Tribunal is perfectly justified and the plea of total exclusion of liability of the insurer cannot be advanced in the light of the above said two decisions. The awards of the Tribunal are confirmed and the appeals by the insurance company

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are dismissed.

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(K. KANNAN) JUDGE

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September 22, 2010 Pankaj*

(O&M) National Insurance Co.Ltd. v. Mewa Ram etc.

Case brief

What is this about?

What did the court decide?

(O&M) National Insurance Co.Ltd. v. Mewa Ram etc.

Case brief

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What the court decided

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