IFFCO TOKIO GENERAL INSURANCE COMPANY LTD Vs. MANISH KAPOOR

JUDGEMENT

(1.) THE Appellant IFFCO Tokio General Insurance Company Limited takes exception to a judgment dated 09.07.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.42,059.00 in favour of the First Respondent, the Claims Tribunal declined to exonerate the Appellant and even refused to grant recovery rights on the ground that the Appellant failed to establish willful breach of the terms of the policy.

(2.) THE finding on negligence or the quantum of compensation is not challenged by the Appellant Insurance Company.

(3.) IN the written statement filed by the Appellant, a general defence was taken that if the driver of the insured vehicle did not possess a valid and proper driving licence at the time of the accident, the Insurance Company would not be liable to pay any amount of compensation. During the inquiry before the Claims Tribunal, the Appellant obtained the investigator's report Ex.R2W1/6 which reveals that the driver did not possess a valid driving licence and was also challaned under Section 3 read with Section 181 of the Motor Vehicles Act, 1988. It is true that the prosecution of the driver under Section 3 of the Act by itself is not sufficient to draw a presumption that the driver did not possess a valid driving licence for the purpose of a Claim Petition under Section 166 of the Act, unless the insured is put to notice to produce the driving licence held by the driver. In the instant case, two notices one dated 27.01.2010 Ex.R2W1/2 and the other dated 18.025.2010 Ex.R2W1/4 were sent by speed post and registered post respectively. Since the same were correctly addressed; in the absence of any rebuttal, a presumption of service of these notices can be drawn against Respondent No.3, the owner of the offending vehicle No.DL-1RC-3043.