NATIONAL INSURANCE COMPANY LTD. Vs. BHAGALI
LAWS(RAJ)-2009-1-222
HIGH COURT OF RAJASTHAN
Decided on January 14,2009

NATIONAL INSURANCE COMPANY LTD. Appellant
VERSUS
Bhagali Respondents

JUDGEMENT

Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE only point involved in this appeal is whether the appellant insurance company is liable to pay/reimburse the award amount in a case where at the time of accident, the driver had no valid driving license. In this case, the accident occurred on 23.01.2005 and the license of the driver driving the vehicle expired on 28.09.1993 and his license was got renewed after accident on 25.01.2005.
(3.) IN view of the judgment of the Hon'ble Supreme Court delivered in the case of Ishwar Chandra and Ors. v. Oriental Insurance Co. Ltd. and Ors. reported in : (2007) 10 SCC 650, the issue is no more res integra, hence, the appellant is not entitled to pay the compensation amount under the award dt. 15.06.2007 passed by Motor Accident Claims Tribunal cum Labour Court, Sri Ganganagar in Claim Case No. 103/05. In case, any amount has been paid to the claimant by the Insurance Company, that will be recoverable from the owner of the vehicle.;


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