ORIENTAL INSURANCE CO. LTD Vs. UPENDRAKUMAR LABHSHANKAR UPADHYAY

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of the Motor Vehicles Act, 1988, is preferred by the appellant - insurance company (original opponent No.2), being aggrieved and dissatisfied with the judgment and award dtd. 16/7/2014 passed by the Motor Accident Claims Tribunal (Aux.), Junagadh in Motor Accident Claim Petition No.704 of 2001, by which the Tribunal has awarded Rs.2,72,250.00 with 12% p.a. interest to the claimant, holding opponent Nos.1 and 2 i.e. driver-cum-owner and insurer liable, jointly and severally.

(2.) Brief facts of the case are as under:

(3.) Learned advocate Mr. Rathin P. Raval for the appellant - insurance company has submitted that the driver of motorcycle was not holding valid and effective driving licence at the time of accident. Further, he has submitted that the date of licence is 22/10/2004 and the licence seems to be valid from 6/10/2001 to 5/10/2021 and he has submitted that the accident was occurred on 14/8/2001, therefore, admittedly the driving licence, which is produced on record by the claimant is valid for the subsequent period from the date of accident, therefore, it cannot be said that driver of the motorcycle was possessing any valid and effective driving licence. He has relied upon the decisions of this Court in the case of (i) Mahmad Rafik Munnebhai Ansari Vs. Gujarat State Road Transport Corp. rendered in First Appeal No.3173 of 2021 dtd. 22/10/2021 (ii) National Insurance Company Ltd. Vs. Bharatbhai Bhimjibhai Songara & two Ors. rendered in First Appeal No.2180 of 2012 dtd. 18/1/2022 (iii) New India Insurance Company Ltd. Vs. Arjanbhai Hansrajbhai Dawariya & two Ors. rendered in First Appeal No.3599 of 2013 dtd. 11/3/2022, in the above judgments this Court has taken view that insurance company cannot be held liable when there is no licence.