Insurance Company Not Liable To Indemnify Award When Driver Of Offending Vehicle Did Not Have Valid License : Gujarat High Court
2 years, 11 months ago

Insurance Company Not Liable To Indemnify Award When Driver Of Offending Vehicle Did Not Have Valid License : Gujarat High Court

Live Law  

An insurance company cannot be held liable for indemnity if the driver of the offending vehicle does not have a valid license on the date of the accident, Gujarat High Court has held. In an appeal filed against an order of Motor Accident Claims Tribunal which had held that the insurance company would be liable to indemnify an award for accidental damage even if the license of the person driving the offending vehicle had expired, Justice RM Chayya, overturned the award of the Tribunal. Yet, the Tribunal adjudged that the license was not cancelled and held the Insurance Company to be liable to indemnify the award. The Ansari judgement had also observed that even though the Insurance Company need not indemnify the Claimant in a case where the offender did not possess the driving license on the date of the accident, the Claimant would be at liberty to proceed against the owner of the vehicle to recover the compensation.

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History of this topic

Burden Of Proof On Vehicle Owner To Establish Driver's Valid License: Jharkhand High Court Sets Aside ₹6.63 Lakh Compensation Award
2 weeks, 1 day ago

Burden Of Proof On Vehicle Owner To Establish Driver's Valid License: Jharkhand High Court Sets Aside ₹6.63 Lakh Compensation Award

Live Law  

The Jharkhand High Court has clarified the burden of proof regarding liability in motor vehicle accident claims, observing that the owner of the offending vehicle must prove that the vehicle was being driven with a valid and effective driving license. Justice Subhash Chand, presided over the case and noted, “The very burden of proof lies upon the owner of the …

Employee's Compensation Act, 1923; To Absolve Liability, Insurer Must Prove Negligence By Employer In Verifying Employee's Driving License: Bombay High Court
3 weeks, 4 days ago

Employee's Compensation Act, 1923; To Absolve Liability, Insurer Must Prove Negligence By Employer In Verifying Employee's Driving License: Bombay High Court

Live Law  

Bombay High Court: A single judge bench consisting of Justice Nitin B. Suryawanshi overturned a Labour Court order that dismissed a compensation claim under the Employee's Compensation Act, 1923. Further, citing Nirmala Kothari v. United India Insurance Co. Ltd., they argued that the insurer couldn't deny liability simply due to the absence of a driving license. Court's Reasoning The court …

No Accident Claim Can Be Granted Where Deceased Insured Person Was Not Holding Valid Driving License: Uttarakhand State Commission
1 month ago

No Accident Claim Can Be Granted Where Deceased Insured Person Was Not Holding Valid Driving License: Uttarakhand State Commission

Live Law  

The Uttarakhand State Disputes Redressal Commission has held that no insurance claim for accident can be granted where the person was not holding a valid driver's license. A bench of Judicial member MK Singhal and Member CM Singh has upheld the denial of claim by National India Assurance Co. ltd. as the deceased insured was having only a learning license …

[Motor Accidents] Non-Validity Of Driver's License Violates T&C Of Insurance Policy By Owner Of Offending Vehicle: Calcutta High Court
1 month, 2 weeks ago

[Motor Accidents] Non-Validity Of Driver's License Violates T&C Of Insurance Policy By Owner Of Offending Vehicle: Calcutta High Court

Live Law  

The Calcutta High Court has held that when a driver's license is invalid on the day of an accident, then it would be a violation of the terms and conditions of the insurance agreement by the owner of the offending vehicle, who allowed the driver to drive the vehicle without a valid license.Justice Ajay Kumar Gupta held: "Furthermore, when the …

Pay And Recover Principle Not Applicable If Minor Involved In Causing Accident, Owner Liable To Compensate Claimants: Karnataka High Court
7 months ago

Pay And Recover Principle Not Applicable If Minor Involved In Causing Accident, Owner Liable To Compensate Claimants: Karnataka High Court

Live Law  

The Karnataka High Court has held that the principle of pay and recover is not applicable in case a minor boy drives the vehicle and causes the accident. A single judge bench of Justice Hanchate Sanjeev Kumar allowed the appeal filed by The New India Assurance Co Ltd and set aside the order of the tribunal dated 11.08.2014 insofar as …

Insurance Company Not Liable To Indemnify If Vehicle Owner Fails To Discharge Initial Onus Regarding Validity Of Driver's License: J&K High Court
8 months, 1 week ago

Insurance Company Not Liable To Indemnify If Vehicle Owner Fails To Discharge Initial Onus Regarding Validity Of Driver's License: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that an insurance company cannot be held liable to compensate an insured unless the vehicle owner discharges the initial burden of proving the driver's license validity. In dismissing a review petition and upholding its order of exonerating the insurance company from its liability to indemnify Justice Javed Iqbal Wani observed, …

Damaged Car Owner Can Claim Amount From Offending Vehicle's Insurer If Damage Amount Not Fully Reimbursed By His Own Insurer: Karnataka HC
1 year ago

Damaged Car Owner Can Claim Amount From Offending Vehicle's Insurer If Damage Amount Not Fully Reimbursed By His Own Insurer: Karnataka HC

Live Law  

The Karnataka High Court has held that in a motor accident if the total amount for repairs is not reimbursed by the insurer of the damaged vehicle, the claimant will have every right to approach the Motor Accident Claims Tribunal to seek an order for payment of the balance amount from the insurer of the offending vehicle. However, if the …

Private Car Act Policy | Gauhati High Court Sets Aside MACT Order Directing Insurance Company To Pay Compensation For Death Of Car Occupant
1 year, 1 month ago

Private Car Act Policy | Gauhati High Court Sets Aside MACT Order Directing Insurance Company To Pay Compensation For Death Of Car Occupant

Live Law  

The Gauhati High Court has set aside an order of the Motor Accident Claim Tribunal, in a case involving the death of an occupant of an insured vehicle due to rash and negligent driving, wherein the tribunal had directed the Oriental Insurance Company to pay compensation to the claimant and subsequently recover the same from the owner of the offending …

RTO Not Liable To Compensate Victim For Accident From Uninsured Vehicle: Kerala High Court
1 year, 3 months ago

RTO Not Liable To Compensate Victim For Accident From Uninsured Vehicle: Kerala High Court

Live Law  

The Kerala High Court has held that Registration Authorities like the Road Transport Officer or the District Collector cannot be made liable to pay compensation for road accidents from uninsured vehicles. Justice Dinesh Kumar Singh observed that the owner of the vehicle has the primary responsibility to get the vehicle insured, so the owner alone or driver or both will …

[Composite Negligence] Motor Accident Victim Can Choose To Claim Compensation From Owner Of One Of Two Vehicles Involved: Bombay High Court
1 year, 3 months ago

[Composite Negligence] Motor Accident Victim Can Choose To Claim Compensation From Owner Of One Of Two Vehicles Involved: Bombay High Court

Live Law  

The Bombay High Court recently held that a claimant in a motor accident case is not obligated to claim compensation from owner of the vehicle he was travelling in and is allowed to only seek compensation from owner of the other vehicle involved in the accident. The court referred to Supreme Court judgment in Khenyei v. New India Assurance Company …

Sikkim High Court Refuses To Invoke 'Pay & Recover' Principle Where Licensed Driver Hired By Insured Handed Over Vehicle To Unlicensed Driver
1 year, 6 months ago

Sikkim High Court Refuses To Invoke 'Pay & Recover' Principle Where Licensed Driver Hired By Insured Handed Over Vehicle To Unlicensed Driver

Live Law  

Justice Meenakshi Madan Rai was hearing an appeal against an award passed by the Motor Accidents Claims Tribunal at Gangtok granting compensation of Rs Twenty Four lakhs in favour of the claimant and permitting Insurer to recover the same from the Appellant herein, respondent No 3 and the respondent No 4. The Sikkim High Court has rejected the application of …

Invalid Or Expired DL No Excuse, Insurer Liable To Pay Accident Victim's Compensation: Bombay HC
1 year, 7 months ago

Invalid Or Expired DL No Excuse, Insurer Liable To Pay Accident Victim's Compensation: Bombay HC

News 18  

An insurance company is liable to pay compensation to accident victim’s kin even if the driving licence of the offending vehicle’s driver has expired and not renewed as an expired licence would not make him an unskilled driver, the Bombay High Court has said. Reportedly, the court was hearing a petition filed by the family members of the deceased woman …

Circumvented Round-About To Take Immediate Turn: Karnataka High Court Reduces Compensation Citing Contributory Negligence Of Deceased
1 year, 8 months ago

Circumvented Round-About To Take Immediate Turn: Karnataka High Court Reduces Compensation Citing Contributory Negligence Of Deceased

Live Law  

The Karnataka High Court has said that the onus is on the claimants to prove that there was rash and negligent driving only by the alleged offending vehicle driver causing the accident. To which the bench said “The evidence of the alleged eye witness when read with the spot sketch at would go to show that, the deceased has not …

Insurance Company Not Liable To Pay Compensation For Death Of Gratuitous Passengers Travelling In Goods Vehicle: Gauhati High Court Reiterates
1 year, 9 months ago

Insurance Company Not Liable To Pay Compensation For Death Of Gratuitous Passengers Travelling In Goods Vehicle: Gauhati High Court Reiterates

Live Law  

The Gauhati High Court recently reiterated that Insurance Company cannot be held liable to pay compensation for the death of gratuitous passengers travelling in goods vehicle. While allowing the appeal filed by the insurance company, the single judge bench of Justice Parthiv Jyoti Saikia held: “The Insurance Company is not liable to pay compensation to the claimant. The court relied …

Insurance Company Not Liable To Unauthorised Passengers Traveling In Offending Vehicle, Pay & Recover Principle Not Applicable: J&K High Court
1 year, 9 months ago

Insurance Company Not Liable To Unauthorised Passengers Traveling In Offending Vehicle, Pay & Recover Principle Not Applicable: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that once it is shown that deceased/injured persons were traveling as unauthorised passengers in an offending vehicle and their risk is not covered under the terms insurance policy, the insurer cannot be saddled with the liability to compensate them and even the principle of 'Pay and Recover' will not be …

Just Because A Driver Is Holding Valid Licence For LMV Doesn’t Mean He Is Authorised Or Competent To Drive A Two-Wheeler As Well: Delhi High Court
1 year, 10 months ago

Just Because A Driver Is Holding Valid Licence For LMV Doesn’t Mean He Is Authorised Or Competent To Drive A Two-Wheeler As Well: Delhi High Court

Live Law  

The Delhi High Court has set aside the award passed by a Motor Accidents Claims Tribunal where it had refused to grant recovery rights to the Insurance Company against the driver/owner of a two-wheeler involved in an accident. While rejecting the insurance company's argument that it is not liable to pay anything as the rider was not holding a valid …

Even If Driver Is Drunk, Insurer Liable To Third Party: Kerala High Court
1 year, 11 months ago

Even If Driver Is Drunk, Insurer Liable To Third Party: Kerala High Court

Live Law  

The Kerala High Court on Monday held that Insurance Company would be liable to initially compensate a motor accident victim, even if the condition in policy against driving of vehicle in an intoxicated state is violated by the driver.The Single Judge Bench of Justice Sophy Thomas observed,"Undoubtedly, when the driver is in an inebriated state, certainly, his consciousness and senses …

[Principle Of Pay & Recover] Statutory Right Of Third Party To Be Compensated U/S 149 MV Act Even If Vehicle Owner Contests Claim: Karnataka HC
2 years, 2 months ago

[Principle Of Pay & Recover] Statutory Right Of Third Party To Be Compensated U/S 149 MV Act Even If Vehicle Owner Contests Claim: Karnataka HC

Live Law  

The Karnataka High Court has said the 'Principle of Pay and Recover' under section 149 of the Motor Vehicles Act is a statutory right available to third party and it cannot depend on whether the owner of offending vehicle contests the claim petition or not, or may or may no prefer an appeal against the Tribunal order. A single judge …

Insurance Company Cannot Escape Liability Just Because Driver Died of Heart Attack In Parked Vehicle: Karnataka HC
2 years, 3 months ago

Insurance Company Cannot Escape Liability Just Because Driver Died of Heart Attack In Parked Vehicle: Karnataka HC

Live Law  

The Karnataka High Court has held that an insurance company is not absolved of its liability to pay compensation, in case the driver of an insured vehicle dies of heart attack during the course of employment, only on the ground that the tipper lorry was not in use at the time of his death. Referring to an earlier ruling in …

S.149 MV Act | Vehicle Owner Not Liable If He Was Of Bona Fide Belief Regarding Genuineness Of Driver's License: Kerala High Court
2 years, 3 months ago

S.149 MV Act | Vehicle Owner Not Liable If He Was Of Bona Fide Belief Regarding Genuineness Of Driver's License: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that when the owner of a vehicle is satisfied that the driver has a license and is driving competently, there would be no breach of Section 149 of the Motor Vehicles Act, and hence the Insurance Company would not be absolved from their liability to compensate the victim.Justice Sophy Thomas, while holding so, …

Vehicle Owners Can't Be Expected To Make Enquiries With RTOs All Over Country To Cross Check Validity Of Driver's License: J&K&L High Court
2 years, 3 months ago

Vehicle Owners Can't Be Expected To Make Enquiries With RTOs All Over Country To Cross Check Validity Of Driver's License: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently held that it is open to insurance company to take a defence in a claim petition under MV Act that the driver of offending vehicle was not duly licenced, but it is required to prove such a plea. A bench of Justice Vinod Chatterji Koul observed, "Nevertheless, even after proving …

Motor Vehicles Act -Claimant Whether Gratuitous Or Non- Gratuitous Cannot Fasten Liability On The Insurer Under The Provisions Of Motor Vehicles Act: J&K&L High Court
2 years, 4 months ago

Motor Vehicles Act -Claimant Whether Gratuitous Or Non- Gratuitous Cannot Fasten Liability On The Insurer Under The Provisions Of Motor Vehicles Act: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that In a claim with regard to death or disability of a person travelling by a goods vehicle /goods carriage, as gratuitous or non-gratuitous does not, by the application of statutory provisions of Motor Vehicles Act, fasten the liability on the insurer, except an owner of the load /goods travelling …

Motor Vehicle Act | Insurer Liable To Compensate Spare Driver If Only One Claim Made: Karnataka High Court
2 years, 4 months ago

Motor Vehicle Act | Insurer Liable To Compensate Spare Driver If Only One Claim Made: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that the insurer is very much liable to pay compensation in respect of a spare driver under Section 147 of Motor Vehicles Act, if there is only one claim under the policy. Reliance was placed on the judgment of the coordinate bench in the case of United India Insurance Company Vs. Smt.Shanthavva And Others …

Appeal Filed By Insurance Company 'Unnecessary' Considering 'Smallness Of Amount': Gujarat High Court Upholds Compensation Award Of ₹65,200
2 years, 7 months ago

Appeal Filed By Insurance Company 'Unnecessary' Considering 'Smallness Of Amount': Gujarat High Court Upholds Compensation Award Of ₹65,200

Live Law  

Stating that the Insurance Company had unnecessarily filed an appeal for challenging a small compensation amount in a motor vehicles accident claim, Justice Sandeep Bhatt has affirmed the award of INR 65, 200 passed by the Motor Accident Claims Tribunal and dismissed the appeal of the Insurance Company. The Insurance Company contested that the negligence of the tempo driver should …

Liability Of Insurer Invited Due To "Involvement" Of Vehicle In Accident, Not Negligence Of Driver Per Se: Punjab & Haryana High Court
2 years, 8 months ago

Liability Of Insurer Invited Due To "Involvement" Of Vehicle In Accident, Not Negligence Of Driver Per Se: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently while dealing with a matter related to compensation in a motor accident act claim observed that negligence of the driver is not, per se, the reason for inviting liability by such a vehicle. The observation came from Justice Rajbir Sehrawat, who observed that it is the 'use of vehicle' on the road, which …

Insurance Company Can't Deny Claim Merely Because Person Insured Is Allegedly Involved In Multiple Motor Accidents: Orissa High Court
2 years, 9 months ago

Insurance Company Can't Deny Claim Merely Because Person Insured Is Allegedly Involved In Multiple Motor Accidents: Orissa High Court

Live Law  

The Orissa High Court has held that merely because a person driving a vehicle is involved in multiple road accidents, at different point in time, is no reason for the Insurance company to deny his claim.Single Judge Bench of Justice B.P. The Orissa High Court has held that merely because a person driving a vehicle is involved in multiple road …

Motor Accident Claim | Offending Driver's Statement Can't Form Part Of Charge-Sheet: Gujarat High Court
2 years, 9 months ago

Motor Accident Claim | Offending Driver's Statement Can't Form Part Of Charge-Sheet: Gujarat High Court

Live Law  

The Gujarat High Court has held that when proceedings against a driver are instituted for negligence causing a motor accident, then such driver's statements cannot form part of the charge sheet filed against him. "The copy of charge-sheet filed against the driver of the offending vehicle – Truck and the fact that he is prosecuted in the Court of law, …

Insurance Company Not Liable To Pay Compensation If Heavy Goods Vehicle Is Driven By Person Holding Light Motor Vehicle License: Karnataka High Court
2 years, 9 months ago

Insurance Company Not Liable To Pay Compensation If Heavy Goods Vehicle Is Driven By Person Holding Light Motor Vehicle License: Karnataka High Court

Live Law  

The Karnataka High Court has said that the insurance company will not be liable to pay compensation, if a heavy goods vehicle is driven by a person holding a light motor vehicle license. A single judge bench of Justice S Vishwajit Shetty while partly allowing an appeal filed by one Mahantesh, owner of a tipper lorry said, "The vehicle in …

Motor Accident | "Insurance Co. Can't Raise License Validity Issue In Appeal If It Wasn't Pleaded Before Tribunal": J&K&L High Court
2 years, 10 months ago

Motor Accident | "Insurance Co. Can't Raise License Validity Issue In Appeal If It Wasn't Pleaded Before Tribunal": J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently dismissed an appeal moved by an Insurance company wherein it had challenged the award made by Motor Accidents Claim Tribunal on the ground that the offending vehicle was being driven by the driver, who was not holding a valid driving licence.The Bench of Justice Rajnesh Oswal observed that since the appellant-Insurance …

Only Use Of Motor Vehicle Required To Be Established U/S 163A MVA; Need Not Prove Someone Else Was Driving Negligently: Gujarat High Court
2 years, 10 months ago

Only Use Of Motor Vehicle Required To Be Established U/S 163A MVA; Need Not Prove Someone Else Was Driving Negligently: Gujarat High Court

Live Law  

Affirming that it is not necessary under Section 163A of the Motor Vehicles Act to prove that somebody else was driving the vehicle rashly and negligently which resulted in the death of the victim, the Gujarat High Court has imposed liability on the insurance company to pay compensation to the family of the deceased. where it was held: "Thus, when …

Legal Representatives Entitled To Motor Accident Claim: Delhi HC Upholds Compensation Given To Children From Deceased's First Marriage
2 years, 11 months ago

Legal Representatives Entitled To Motor Accident Claim: Delhi HC Upholds Compensation Given To Children From Deceased's First Marriage

Live Law  

Reiterating that legal representatives of a person are entitled to motor accident claim, the Delhi High Court has upheld the compensation given to two children from the deceased's first marriage. "In so far as the grant of compensation under non pecuniary head is concerned, reference may be had to the judgment of the Supreme Court in Gujarat State Road Transport …

Rajasthan HC Reverses Finding Of Motor Accident Tribunal; Directs Insurer Of Offending Vehicle To Reimburse Payment Made By Opposite Vehicle's Insurer
2 years, 11 months ago

Rajasthan HC Reverses Finding Of Motor Accident Tribunal; Directs Insurer Of Offending Vehicle To Reimburse Payment Made By Opposite Vehicle's Insurer

Live Law  

Reversing the findings of a Motor Accident Tribunal which had fixed 50% contributory negligence on the truck driver against which the claimants' car had dashed, the Rajasthan High Court has directed the car insurance company to reimburse the payments made by insurer of the truck. Justice Birendra Kumar held that the Tribunal had passed the impugned order without taking note …

Can 3rd Party Insurance Be Claimed When Accident Took Place On The Same Day The Policy Was Taken But The Coverage Starts Only From The Next Day?SC To Examine
3 years, 3 months ago

Can 3rd Party Insurance Be Claimed When Accident Took Place On The Same Day The Policy Was Taken But The Coverage Starts Only From The Next Day?SC To Examine

Live Law  

The Supreme Court on Tuesday stayed the operation of a Jharkhand High Court's order which allowed the claim in the case of a motor accident, that occurred a day prior to the coverage of the insurance period, but in which the insurance premium was paid on the very day of the accident.The Bench of Justice Sanjay Kishan Kaul and Justice …

Motor Vehicles Act - Third Party Insurance Deemed To Be Transferred Along With Effective Control Over Vehicle In A Hire Agreement: Supreme Court
3 years, 5 months ago

Motor Vehicles Act - Third Party Insurance Deemed To Be Transferred Along With Effective Control Over Vehicle In A Hire Agreement: Supreme Court

Live Law  

When a transport corporation hires a motor vehicle for use from its registered owner, the third-party insurance coverage will also be deemed to be transferred along with the vehicle, reiterated the Supreme Court in a recent decision.The person who is having the effective control and command of the vehicle will be regarded as the 'owner'. When a transport corporation hires …

Motor Accidents Claims Tribunal awards reduced compensation to petitioner
3 years, 11 months ago

Motor Accidents Claims Tribunal awards reduced compensation to petitioner

The Hindu  

The Motor Accidents Claims Tribunal, Chennai, has cut compensation by 30% for an electrician after it was found that he was driving a motorcycle while inebriated and also did not have a valid driving licence or vehicle insurance. He named A.K.T Arunachalapandian, owner of the other motorcycle, and its insurer United India Insurance Co. Ltd. as respondents. In its response, …

Fundamental Duty Of Motor Accident Claims Tribunal To Arrive At A Conclusion And Award Just Compensation: Bombay HC [Read Judgment]
5 years, 2 months ago

Fundamental Duty Of Motor Accident Claims Tribunal To Arrive At A Conclusion And Award Just Compensation: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently observed that it is the fundamental duty of Motor Accident Claims Tribunal to arrive at a proper conclusion and award just compensation. The court concluded that a 'cryptic judgment' passed by MACT deserves remand and allowed an appeal filed by the Oriental Insurance Company Ltd. Justice Vibha Kankanwadi of Aurangabad bench set aside a judgment …

Principle Of 'Pay And Recover' Can Be Ordered If Driver Of Offending Vehicle Does Not Possess A Valid Driving License: SC [Read Judgment]
5 years, 6 months ago

Principle Of 'Pay And Recover' Can Be Ordered If Driver Of Offending Vehicle Does Not Possess A Valid Driving License: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that, if the driver of the offending vehicle does not possess a valid driving license, the principle of 'pay and recover' can be ordered to direct the insurance company to the pay the victim, and then recover the amount from the owner of the offending vehicle.Parminder Singh, a driver, was driving a Hyundai Elantra car …

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