2014 (10) TMI 1086

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....ed in all the matters. 3. These appeals have been preferred against common judgment and Order dated 5th August, 2011 in MAC Appeal Nos. 70 and 68 of 2011 and dated 8th March, 2013 in Review Petition Nos. 793 and 776 of 2011 respectively of the High Court of Delhi at New Delhi. 4. The question raised for consideration is whether the Insurance Company is entitled to recovery rights on the ground of breach of conditions of insurance policy when the driver possesses valid driving licence for driving light vehicle but fails to obtain endorsement for driving goods vehicle. 5. The claim petition was filed before the Motor Accident Claims Tribunal by the dependents of the deceased Rizwan S/o Kadir @ Abdul Kadir who died in a road accident ....

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....in holding that licence for driving light motor vehicle entitled the driver to drive 'light goods vehicle'. Reliance has been placed on the Judgments of this Court in S. Iyyapan v. United India Insurance Co. Limited and Anr. (2013) 7 SCC 62 and National Insurance Co. Ltd. v. Annappa Irappa Nesaria Alias Nesearagi and Ors. (2008) 3 SCC 464. Thus, there was no breach of policy entitling the Insurance Company to recovery rights against the owner. Learned Counsel for the Insurance Company supported the view taken by the High Court. 8. We have considered the rival submissions and perused the judgments relied upon. 9. We find the judgments relied upon cover the issue in favour of the Appellants. In Annappa Irappa Nesaria (supra), th....