IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. KESAR SINGH AND OTHERS
LAWS(RAJ)-2018-8-221
HIGH COURT OF RAJASTHAN
Decided on August 29,2018

IFFCO TOKIO GENERAL INSURANCE CO. LTD. Appellant
VERSUS
Kesar Singh And Others Respondents

JUDGEMENT

ARUN BHANSALI - (1.) Heard learned counsel for the parties on application filed by the respondent No. 1 and 2 seeking vacation of the interim order granted by this Court on 10.01.2018.
(2.) It is submitted by learned counsel for the respondents that the Insurance Company has been held liable for payment of compensation by the Tribunal as the Insurance Company failed to prove that the driver of the vehicle was not in possession of an effective driving licence.
(3.) It is submitted that irrespective of the above aspect, Hon'ble Supreme Court in the case of Pappu and Ors. v. Vinod Kumar Lamba and Anr.: (2018) 3 SCC 208 , has held that even in a case where the driver was not in possession of valid driving licence, the direction to pay and recover can be granted against the Insurance Company and, therefore, even if the plea raised by the appellant-Insurance Company is ultimately accepted the direction to recover the amount from the owner can always be granted and, therefore, the interim order passed by this Court deserves to be vacated.;


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