- Court
- High Court of Judicature at Allahabad
- Decided
- 12 October 2023
- Case no.
- FAFO 2384/2011
Judgment
Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 2384 of 2011 Appellant :- H.D.F.C. Ergo Gen. Ins. Co. Ltd. Respondent :- Smt. Arti Singh And Others Counsel for Appellant :- Rahul Sahai Counsel for Respondent :- Dinesh Kumar Bhaskar,Satyendra Narayan Singh Hon'ble Saral Srivastava,J.
¶1Heard learned counsel for the appellant and learned counsel for the respondents.
¶2The present appeal has been preferred by the appellant-insurance company challenging the award dated 11.04.2011 passed by the Motor Accident Claims Tribunal/Additional District Judge Court No. 6, Ghaziabad in M.A.C.P. No. 397 of 2009 (Smt. Arti Singh and others Vs. Gulfam Ahmad and others).
¶3Challenging the aforesaid award, learned counsel for the appellant has contended that once Tribunal has recorded a finding that offending vehicle i.e. truck bearing registration No. U.P. 15 AT0620 was driven by its driver not holding a valid driving licence, Tribunal should have absolved the insurance company from paying any compensation. It is contended that direction of the Tribunal that insurance company shall pay the award and thereafter, recover it from the owner is illegal and not sustainable in law.
¶4Be that as it may, the law on the point that if the owner has committed breach of insurance policy, the insurance company is liable to pay award and thereafter, recover it from the owner, is settled by the judgement of Apex Court in the case of National Insurance Company Ltd. Vs. Swaran Singh & Others, AIR 2004 SC 1531 wherein Apex Court has held that in case of breach of terms and conditions of policy, the insurance company should pay the award and thereafter recover it from the owner of the vehicle.
5.Thus, the contention of learned counsel for the appellant is misconceived in view of the judgement of of Apex Court in the case of Swaran Singh (supra).
¶6Accordingly, the appeal lacks merit and is accordingly, dismissed with no order as to costs. Order Date :- 13.10.2023 A. Prajapati High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.