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, 6 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 that licence was a fake one, it is to be looked into that the owner of vehicle while hiring a driver checked the licence and satisfied himself as to competence of driver and if the owner is drew such satisfaction from the DL no breach u/s 149 of the said will stand attracted". The appellant was mainly aggrieved of the finding of the Tribunal whereby Licence Clerk had stated before the Tribunal that the driving licence of driver was not genuine, so official witness supported the contention of respondent that driver of offending vehicle was not having valid and effective driving licence at the time of accident and the Tribunal, accordingly, directed payment of compensation by respondent Insurance Company with right of recovery from owner of offending vehicle. The appellant further argued that the Insurance Company has not proved the factum of wilful breach and negligence on the part of owner/appellant qua genuineness of driving licence held by respondent no.6/driver of offending vehicle and the appellant was never given an opportunity to cross-examine the witnesses produced by claimants/respondents. Deliberating on the contention of the appellant that even if the contention of respondent-Insurance Company qua validity and effectiveness of driving licence of driver of offending vehicle is taken into account, yet respondent-Insurance Company has not established or proved that owner/appellant was aware of the fact that driver of offending vehicle was not holding driving licence, and still permitted him to drive the vehicle, the bench observed that it is undoubtedly open to insurance company to take a defence in a claim petition that driver of offending vehicle was not duly licenced, but it is required to prove such a plea.

Insurance Driver Driving Company Tribunal Licence Vehicle Bench Owner Breach Offending Insurance Company Driving Licence Offending Vehicle  high  vehicle  license  validity  rtos  owner  jkl  enquiries  owners  breach  driver  drivers  insurance  expected  driving  bench  offending  company  licence

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 months, 3 weeks 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 …

[Motor Accidents] Non-Validity Of Driver's License Violates T&C Of Insurance Policy By Owner Of Offending Vehicle: Calcutta High Court
3 months, 3 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 …

Insurance Company Not Liable To Indemnify If Vehicle Owner Fails To Discharge Initial Onus Regarding Validity Of Driver's License: J&K High Court
10 months, 2 weeks 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, …

Supreme Court Directs IRDAI To Consider If Personal Accident Cover Can Include Persons Other Than Owner
2 years, 1 month ago

Supreme Court Directs IRDAI To Consider If Personal Accident Cover Can Include Persons Other Than Owner

Live Law  

The Supreme Court has directed the Insurance Regulatory Development Authority of India to consider whether claims by family members, friends, or such persons other than the registered owner driving or riding borrowed vehicles, could be the beneficiaries of personal accident cover, where the accidents could not be attributed to other ‘offending’ vehicles or the drivers’ own. The Supreme Court has …

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
2 years, 1 month 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 …

Delhi High Court Upholds Recovery Of Compensation From Underage Driver’s Father In Road Accident Case
2 years, 2 months ago

Delhi High Court Upholds Recovery Of Compensation From Underage Driver’s Father In Road Accident Case

Live Law  

The Delhi High Court has dismissed an appeal challenging the grant of recovery rights to an insurer against the registered owner of the car whose son was involved in a road accident leading to the death of a 42 year old man in 2013.Justice Rekha Palli said the 42-year-old man lost his life only because the minor's father did not …

Motor Accident Claims : Does Third Party Insurance Cover Pillion Rider?Supreme Court Refers To Larger Bench
2 years, 6 months ago

Motor Accident Claims : Does Third Party Insurance Cover Pillion Rider?Supreme Court Refers To Larger Bench

Live Law  

Whether a pillion rider on a motorcycle is a third party? Is the insurance company liable to indemnify the insured on account of the injuries or death of such pillion rider in case of an "Act Only" Policy? The Supreme Court has referred these questions to a larger bench.The bench comprising Justices Hemant Gupta and Vikram Nath was considering a …

Right To Appeal Accrues On Date Of Institution Of Suit: Madras HC Entertains Appeal Arising Out Of Claim Filed Prior To Motor Vehicle Amendment Act
2 years, 6 months ago

Right To Appeal Accrues On Date Of Institution Of Suit: Madras HC Entertains Appeal Arising Out Of Claim Filed Prior To Motor Vehicle Amendment Act

Live Law  

When the Madras High Court registry put forward a query as to whether appeals whose value was less than one lakh rupees could be entertained in view of the amendment brought in by the Motor Vehicles Amendment Act 2019, Justice PT Asha observed that the right to appeal accrued on the date of filing the claim petitions and therefore the …

Motor Accident Claimants Have To Prove Case On Touchstone Of 'Preponderance Of Probabilities': Punjab & Haryana High Court
2 years, 7 months ago

Motor Accident Claimants Have To Prove Case On Touchstone Of 'Preponderance Of Probabilities': Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that the claimants in the proceedings under Motor Vehicles Act 1988 need to prove their case on the touchstone of preponderance of probabilities.However, it denied the claim in the instant case while stating that the claimants had not been able to even 'remotely prove' the factum of accident against the alleged offending vehicle.The …

Appeal Filed By Insurance Company 'Unnecessary' Considering 'Smallness Of Amount': Gujarat High Court Upholds Compensation Award Of ₹65,200
2 years, 9 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 …

Insurance Company Can't Deny Claim Merely Because Person Insured Is Allegedly Involved In Multiple Motor Accidents: Orissa High Court
2 years, 11 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 | "Insurance Co. Can't Raise License Validity Issue In Appeal If It Wasn't Pleaded Before Tribunal": J&K&L High Court
3 years 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 …

Insurance Company Not Liable To Indemnify Award When Driver Of Offending Vehicle Did Not Have Valid License : Gujarat High Court
3 years, 1 month 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 …

Insurer Can’t Be Absolved Merely Because The Driving Licence Is Fake, Reiterates SC [Read Judgment]
6 years, 7 months ago

Insurer Can’t Be Absolved Merely Because The Driving Licence Is Fake, Reiterates SC [Read Judgment]

Live Law  

‘Suffice it to observe that it is well established that if the owner was aware of the fact that the licence was fake and still permitted the driver to drive the vehicle, then the insurer would stand absolved. However, the mere fact that the driving licence is fake, per se, would not absolve the insurer.’The Supreme Court has held that …

Motor Accident Claims; SC cautions Courts against Hyper Technical approach in interpreting benevolent provisions for Accident Victims [Read Judgment]
9 years, 2 months ago

Motor Accident Claims; SC cautions Courts against Hyper Technical approach in interpreting benevolent provisions for Accident Victims [Read Judgment]

Live Law  

There is no bar to a claim petition being filed at a place where the insurance company, which is the main contesting parties in such cases, has its business. In such cases, there is no prejudice to any party, the Court said.The Supreme Court in Malati Sardar vs. National Insurance Company Limited has restated its earlier position in Mantoo Sarkar …

Motor Accident Claims; SC cautions Courts against Hyper Technical approach in interpreting benevolent provisions for Accident Victims [Read Judgment]
9 years, 2 months ago

Motor Accident Claims; SC cautions Courts against Hyper Technical approach in interpreting benevolent provisions for Accident Victims [Read Judgment]

Live Law  

There is no bar to a claim petition being filed at a place where the insurance company, which is the main contesting parties in such cases, has its business. In such cases, there is no prejudice to any party, the Court said.The Supreme Court in Malati Sardar vs. National Insurance Company Limited has restated its earlier position in Mantoo Sarkar …

Discover Related