BAJAJ ALLIANCE GENERAL INSSURANCE CO LTD Vs. SADHU SHARAN
LAWS(CHH)-2005-3-4
HIGH COURT OF CHHATTISGARH
Decided on March 15,2005

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Appellant
VERSUS
SADHU SHARAN Respondents

JUDGEMENT

A.K.PATNAIK, FAKHRUDDIN, J. - (1.) The facts of the case briefly are that a scooter bearing registration No. CG-16 5870 was owned by Devchandra Ram, respondent No. 3. On 10.3.2003, the said scooter was being driven by Jaimangal Pratap Singh, respondent No. 4, who is said to be having learner's licence. While respondent No. 4 was driving the scooter on 10.3.2003 one Chain Prakash along with his sister came in a cycle near the Cherhani Nala and the scooter hit the cycle and the injured Chain Prakash. Chain Prakash was admitted in the hospital. He finally succumbed to injuries and died on 14.3.2003. Respondent- claimant Nos. 1 and 2, i.e., Sadhu Sharan and Bilasi respectively who are parents of Chain Prakash then filed Claim Case No. 37 of 2003 under section 166 of the Motor Vehicles Act, 1988 and ,Third Additional Motor Accidents Claims Tribunal (F.T.C.), Surajpur, Sarguja,by award dated 14.9.2004 awarded a compensation of Rs. 2,07,840 against the appellant insurance company. Aggrieved by the said award, the appellant insurance company has filed the instant appeal.
(2.) Mr. Prashant Jaiswal, Senior Advocate for the appellant insurance company submitted that case of appellant insurance company in the written statement filed before the Tribunal was that respondent No. 4 was driving the scooter at the time of accident with a learner's licence and hence there was breach of the insurance policy by respondent No. 3 and for this breach of insurance policy the appellant insurance company was not liable for compensation.
(3.) Mr. J.A. Lohani, the learned counsel appearing for respondent Nos. 3 and 4, on the other hand, submitted that in the case of National Insurance Co. Ltd. v. Swaran Singh, 2004 ACJ 1 (SC), the Supreme Court has already held that if the vehicle at the time of accident was driven by a person having learner's licence, the insurance company would be liable to satisfy the degree. He submitted that in view of the decision of the Supreme Court in National Insurance Co. Ltd. (supra), this appeal has no merit and should not be entertained at all.;


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