Jammu & Kashmir High Court
Oriental Insurance Co. Ltd vs Sangita Walia And Ors on 9 December, 2016
Author: Ramalingam Sudhakar
Bench: Ramalingam Sudhakar
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU CIMA No. 112 OF 2013 AND CIMA No. 105 OF 2013 AND CIMA No. 109 OF 2013 Oriental Insurance Co. Ltd Petitioners Sangita Walia and ors Vishal Walia and ors Garima and ors Respondent !Mr. D.S.Chauhan, Advocate ^None Honble Mr. Justice Ramalingam Sudhakar, Judge Date: 09.12.2016 :J U D G M E N T :CIMA No. 112/2013
2. CIMA No. 105/2013
3. CIMA No. 109/2013, MP No. 155/2013
4. CIMA No. 110/2013, MP No. 156/2013
5. CIMA No. 115/2013
6. CIMA No. 11/2013 Date of order:-09/12/2016
1. Oriental Insurance Co. Ltd. V. Sandip Walia and ors.
2. Oriental Insurance Co. Ltd. V. Sandip Walia and ors.
3. Oriental Insurance Co. Ltd. V. Sandip Walia and ors.
4. Oriental Insurance Co. Ltd. V. Sangita Walia and ors.
5. Oriental Insurance Co. Ltd. V. Vishal Walia and ors.
6. Oriental Insurance Co. Ltd. V. Garima and ors. Coram: Honble Mr. Justice Ramalingam Sudhakar, Judge Appearing counsel:
For the Appellant(s ): Mr. D.S.Chauhan, Advocate. For the respondent(s) : None.
i) Whether approved for reporting in Yes. NET.
ii) Whether approved for reporting in No. Digest/Journal.
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1. It is case of fatal accident.
2. These six appeals are of the year 2013 filed by the Appellant-Insurance Company pleading that appellant has no liability on account of invalid Driving licence. Learned counsel is not canvassing on quantum.
3. In all these appeals, the appellants-Insurance Company primarily challenged the award contending that the driver of the offending vehicle was not holding a valid driving licence at the time of accident. It had expired during the period of accident therefore, compensation can be granted only on the head of no fault liability.
4. RW-Ranjit Kumar Statistical Assistant, RTO office, Jammu was examined, who stated that the driver of the offending vehicle has been issued licence with effect from 11.02.2003 to 10.02.2006. The accident in this case happened on 24.03.2007. Therefore, that there was no valid licence it has been established in the manner prescribed by 2 law. Since the driver did not have a valid driving licence at the time of accident, the Tribunal ought to have fixed the liability on the owner of the offending Vehicle to pay the compensation. Considering the finding of the Tribunal on facts that on the date of accident, the driver of the offending vehicle was not holding a valid driving licence for want of renewal, the plea is acceptable. There is a valid insurance cover in respect of the offending vehicle.
5. In this premise, the plea in the appeals are justified as on the date of accident, the driver was not having valid licence. The insurance cover was valid and therefore the claimant will be entitled to the compensation and the Insurance Company can recover it from the owner as per law. There is no dispute on quantum or interest.
6. Accordingly, to that extent, the appeals are allowed. Claimants will be entitled to receive the amount as awarded by the Tribunal. The appellant-Insurance Company to settle the award at the first instance pay and recover the same from the owner of the vehicle.
7. Appeals allowed as above.
(Ramalingam Sudhakar) Judge Jammu 09.12.2016 :
Tilak, Secy.