9911796707
TMI Blog1997 (11) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... ana in First Appeal From Order No. 75 of 1994. The minimal facts giving rise to this appeal are these: There was a motor accident which gave rise to a claim for compensation, duly set up by the claimants/respondents. One of the questions which was brought to the fore was whether the offending motor vehicle was being driven by a driver holding a valid driving licence. The matter was put to issue and the conclusion arrived at by the Tribunal was that the driver held a valid licence which had validly been renewed . This finding stood affirmed in appeal before the High Court. Yet it was taken by the High Court that a question of law arose as to whether a forged or a fake licence, if renewed would get validated or not so as to work out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to any breach as being not in control of the act or conduct of the insured or its employee or insurer. Thus, the insurance company cannot refuse to meet its liability quo third party. (5) The insurer is duty bound and liable, statutorily as well as contractually to reimburse third party claim, for the tortuous act committed by the insured or his employee as well as the liability incurred by insured or his employee under the Motor Vehicles Act. (6) the insurance company can neither refuse to indemnify nor is discharged from its liability to the insured or the claimants for an act of fraud committed by the third party quo the insured though it has a right to recover any loss suffered by it from the person, who committed t he fraud or from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erpret the law and that too on a fact situation not available to it. Thus, we are constrained to intervene and hold that the entire exercise of the High Court in that direction was obiter, not at all a binding precedent. In that sense, we strike off from the impugned order observations and findings pertaining thereto. Yet at the same time, we are required and do hereby affirm the substantive part of the order, in holding that the claimanants/respondents had rightly been granted compensation on account of t he motor accident, on the basis of the recorded finding of fact. We cannot help remarking that the High Court instead could have well have spent its time on other priorities. The appeal thus would have to be and is hereby allowed in pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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