FA/4423/2001 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 4423 of 2001 With CIVIL APPLICATION No. 10698 of 2001 W ith FIRST APPEAL No. 4424 of 2001 With CIVIL APPLICATION No. 10699 of 2001 And FIRST APPEAL No. 4425 of 2001 With CIVIL APPLICATION No. 10700 of 2001 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================= NATIONAL INSURANCE CO. LTD. - Appellant Versus ROHITBHAI V SHAH & 4 - Defendants ================================================= Appearance : MS MEGHA JANI for Appellant : MR KETAN A DAVE for Defendant : 1, NOTICE SERVED for Defendants : 2 - 3, 5, MS LILU K BHAYA for Defendant : 4, ================================================= CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and FA/4423/2001 2/3 JUDGMENT HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 01/09/2008 COMMON ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) Heard learned counsels for the parties. The case of the appellant Insurance Company is that the driver was not having a renewed license on the date of accident. It is not in challenge that there was a license in the name of the driver earlier to the date of accident. It is also not the case of the Insurance Company that the driver was not having a valid license prior to the date of expiry of the license period. Only contingency is that the driver has failed to get it renewed by paying fee to the State to get it renewed. That the rigor of the law can only be applied, if there is violation of contract between the policy holder and the Insurance Company. Such infringement is only ministerial in nature. In that view of the matter, this Court is not prepared to accept the arguments of learned counsel for the appellant Insurance Company. There was a license held at the point of time, only the case is that the same was not renewed by paying fees to the State. It is also not the case of the Insurance Company that the driver had acquired any incapacity to drive. This would not take away liability of the Insurance Company in complying with the award. In that view of the matter, appeal is meritless and would not survive, and is accordingly disposed of. FA/4423/2001 3/3 JUDGMENT In view of the order passed in First Appeal, civil application is disposed of. Rule discharged. Office to maintain copy of this judgment in each of the First Appeals. [ BHAGWATI PRASAD, J ] [ S.R. BRAHMBHATT, J ] /vgn