1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL MISC. APPEAL No. 91 of 1996 UNITED INDIA INSURANCE COMPANY V/S SMT. REHMAT BEGUM & ORS. Mr. YASHWANT MEHTA, for the appellant / petitioner Mr. MANISH PITALIYA & Mr. PAWAN DEVAL for Mr. RK CHARAN, for the respondent Date of Order : 7.2.2008 HON'BLE SHRI N P GUPTA,J. ORDER ----- This appeal has been filed by the insurer against the award of the Motor Accident Claims Tribunal, Chittor Garh dt. 10.11.1995. The learned Tribunal awarded a compensation of Rs. 1,07,737/-, on account of personal injuries sustained by the victim, in the accident, comprising of her having sustained injuries by over-turn of auto-rickshaw no. RSY-924, in which she was traveling, on 15.3.1990, which auto-rickshaw was being driven negligently, and at a fast speed. The claim was contested by the appellant, on the ground, that at the time of accident the driver was not holding any valid driving license. The learned trial court framed issue no. 3 on this aspect, and burden thereof was 2 placed on the insurer. Deciding issue no. 3 it was found, that no evidence has been produced on the side of the insurer in this regard, and the contention raised on the side of the insurer about the license having not been produced by the owner and the driver, despite notice, was negatived. It was found, that the Insurance Company has failed to discharge its burden, and relying upon the judgment of Hon'ble the Supreme Court, in New Asiatic Insurance Co. Ltd. Vs. Pesumal Dhannamal Aswani reported in, 1958-65 ACJ-559, so also upon judgment of this Court, in Jagdish & Ors. Vs. Pokhar & Ors., reported in RLR-1991 (1)-287, it was found, that the Insurance Company cannot escape from its liability. Arguing the appeal it was contended, that the claimant's witness P.W.2 himself had admitted, that Laxminarayan was not having any valid license. In that view of the matter, according to the learned counsel, when this is an admitted position, the appellant could not be held liable. I have considered the submissions, and have gone through the record. I closely read the statement of A.W.2 Bhanwar Singh, more than once, myself and also with the assistance of the learned counsel for the appellant, but could not 3 find any such statement to have been made by him. This is one aspect of the matter. The other aspect of the matter is, that now the legal position has been settled down by the Hon'ble Supreme Court, in the recent judgment, in National Insurance Co. Ltd. Vs. Laxmi Narain Dhut, reported in MACD 2007(1) (SC)- 472, wherein it has been held, that even in such cases, in case of third party risk, the insurer has to satisfy the award, and if so advised, to recover the same from the insured. In this judgment a detailed discussion has been made on various aspects of Section 147 and 149 of the Motor Vehicles Act. In my view, in view of this judgment, even if it is found, that the driver was not having any valid license, still, the appellant cannot escape from its liability. The appeal thus has no force, and is dismissed. However, it is clarified, that it will be open to the appellant, to enforce its rights under the policy, including right to recover back the amount, from the insured, if it is able to establish, that there was any breach of policy conditions. The parties are left to bear their own costs. ( N P GUPTA ),J. /sushil/