ORIENTAL INSURANCE CO. LTD. versus ANGAD KOL AND ORS.

ORIENTAL INSURANCE CO. LTD. versus ANGAD KOL AND ORS.

It is proved on record that the offending vehicle was a goods carriage vehicle and the driver did not possess a valid licence for the same, thus breach of insurance conditions is apparent and as such the insurance company cannot be made liable, though under Article 142 the company is to pay the compensation with liberty to recover from the owner and driver.

Parties
Appellant: Oriental Insurance Co. Ltd.; Respondents: Angad Kol and Ors.
Jurisdiction
India
Judgment Date
18 February 2009
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Motor Accident Compensation, Driving Licence Validity, Insurance Liability
Motor Vehicle Law Insurance Law Tort Law Motor Accident Compensation Driving Licence Validity Insurance Liability

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Parties

Oriental Insurance Co. Ltd.

Appellant

Angad Kol and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the insurance company is liable to pay compensation when the driver does not possess a valid driving licence for goods carriage vehicle

Ratio Decidendi

It is proved on record that the offending vehicle was a goods carriage vehicle and the driver did not possess a valid licence for the same, thus breach of insurance conditions is apparent and as such the insurance company cannot be made liable, though under Article 142 the company is to pay the compensation with liberty to recover from the owner and driver.

Court Disposition

Appeal allowed

Orders

  • Insurance company directed to deposit balance compensation before Tribunal with liberty to recover the same from owner and driver of offending vehicle.
  • Claimants may withdraw awarded amount.