United India Insurance Co. Ltd. v. Kamlesh Kumar & Others

Delhi High Court · 26 Sep 2011 · 2011:DHC:4992
Reva Khetrapal
FAO 86/2003
2011:DHC:4992
civil appeal_dismissed Significant

AI Summary

The Delhi High Court upheld that an insurance company must pay motor accident compensation even if the driver lacked a valid license, with the right to recover from the insured thereafter.

Full Text
Translation output
FAO No. 86/2003 UNREPORTED HIGH COURT OF DELHI
FAO 86/2003
UNITED INDIA INSURANCE CO.LTD. ..... Appellant
Through: Ms. Sakshi Gupta, Advocate.
VERSUS
KAMLESH KUMAR & OTHERS. ..... Respondents
Through: Mr. Nitinjya Chaudhary and Ms. Sushma Sachdeva, Advocates for the respondent
No.3.
Date of Decision: September 26, 2011
CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL
JUDGMENT

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporter or not?

3. Whether judgment should be reported in Digest? JUDGMENT (ORAL): REVA KHETRAPAL, J.

1. The only point sought to be urged in this appeal by the learned counsel for the appellant-Insurance Company is that the Insurance Company is entitled to total exoneration from the payment of the award amount, and the learned Motor Accident Claims Tribunal ought to have afforded the said relief to the appellant-Insurance Company instead of directing the Insurance Company to pay the 2011:DHC:4992 award amount to the respondent No.1 with liberty to recover the said amount from the respondent No.3-insured after satisfying the award.

2. The aforesaid aspect is now well-settled by the decision of a three-Judge Bench of the Hon’ble Supreme Court in the case of ‘National Insurance Company Limited versus Swaran Singh and Others (2004) 3 SCC 297, wherein it has been held that even in cases where the driver of the offending vehicle is not in possession of a valid and effective driving licence at the time of the accident, the Insurance Company must pay to the claimants the award amount and can recover the same from the insured. The relevant portion of the judgment is quoted below:-

“100. It is, therefore, evident from the discussions made hereinbefore that the liability of the insurance company to satisfy the decree at the first instance and to recover the awarded amount from the owner or driver thereof has been holding the field for a long time. 101. Apart from the reasons stated hereinbefore the doctrine of stare decisis persuades us not to deviate from the said principle. 102. It is well-settled rule of law and should not ordinarily be deviated from. (See Bengal Immunity Company Limited v. The State of Bihar and Ors., (1955) 2SCR 603 Keshav Mills
Co. Ltd. v. Commissioner of Income-Tax, Bombay North (1965) 56 ITR 365 (SC), Union of India and Anr. v. Raghubir Singh (Dead) by LRs. etc. ((1989) 178 ITR 548 (SC), Gannon Dunkerley and Co.and Ors. v. State of Rajasthan and Ors. (1993) 1 SCC 364, Belgaum Gardeners Cooperative Production Supply and Sale Society Ltd. v. State of Karanataka 1992 (1) SCALE 105 4a, Hanumantappa Krishnappa Mantur and Ors. v. State of Karnataka 1992 Cri LJ 405.”

3. In view of the law laid down by the Hon’ble Supreme Court, I find no reason to interfere with the award. The deposited amount shall be released to the claimant with interest thereon. Any shortfall shall be made good by the Insurance Company within 30 days from today.

4. The appeal is dismissed. There shall, however, be no order as to costs.

5. Records of the Claims Tribunal be sent back to the concerned Tribunal forthwith.

REVA KHETRAPAL (JUDGE) September 26, 2011 ak