S.Iyyapan vs M/S United India Insurance Co.Ld.& Anr on 1 July, 2013
In my considered opinion, as per the dictum laid down by the Hon'ble Supreme Court in the case of S.Iyyapan vs. United India Insurance Co. Ltd, reported in (2013) 7 Supreme Court Cases 62, non-possession of the valid driving licence cannot be a ground for the insurance company to disown its liability to pay the compensation to third party. At the maximum, the tribunal can give liberty to the insurance company to recover the compensation amount from the owner of the insured vehicle after paying the same to the victim / claimant and in the instant case, the tribunal itself has given liberty to the insurance company to recover the compensation amount from the owner of the vehicle . In view of the dictum laid down by the Hon'ble Supreme Court in the decision cited supra, this Court is not inclined to set aside the finding of the Tribunal.