SBCMA No.470/1999 NIC Ltd Vs. Suraj Devi & Ors. -[ 1 ]- SBCMA No.470/1999 National Insurance Co. Ltd Vs. Suraj Devi & Ors. DATE OF ORDER : - 1.12.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Sanjeev Johari, for the appellant. Mr. Rajesh Panwar, for the respondent. <><><> Heard learned counsel for the parties. The only point involved in this appeal is that at the time of accident, i.e., on 23rd May, 1994, the driver of the vehicle had no valid driving license and therefore, whether the appellant Insurance Company can be held liable to pay the amount of compensation. Learned counsel for the appellant relied upon the judgment of the Hon'ble Supreme Court delivered in the case of Ishwar Chandra & Ors. Vs. Oriental Insurance Co. Ltd & Ors reported in (2007) 10 SCC 650. It is the finding recorded by the tribunal itself that the driver was not possessing the valid driving license from 11.1.1994 to 177.1994 and accident occurred during this period on 23.5.1994. The driver obtained the renwal of SBCMA No.470/1999 NIC Ltd Vs. Suraj Devi & Ors. -[ 2 ]- license on 17.7.1994, thus, it is fully proved that the driver had no valid driving license at the time of accident. The tribunal committed error of law while holding that the Insurance Company failed to prove that the policy was violated by the insured voluntarily and deliberately. When there was no valid driving license at the time of accident then the owner cannot say that he had no knowledge that the driver whether possessing the driving license validly renewed or not. In view of the above finding of fact, the appeal of the appellant is allowed on this short point and it is held that the appellant Insurance Company is not liable to pay the compensation amount as awarded by the tribunal by impugned award dated 8th April, 1999. However, if the appellant has paid the amount to the claimants in pursuance of the award dated 8th April, 1999, the appellant will be free to recover the same from the owner of the vehicle. No order as to costs. (PRAKASH TATIA), J. c.p.goyal/-