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Head Note

Motor Vehicles Act,1988  - Section 149 , Section 173

Motor Accident Claim - Mere absence, fake or invalid driving licence or disqualification of the driver for driving at the relevant time, are not in themselves defences available to the insurer against either the insured or the third parties - To avoid its liability towards insured, the insurer has to prove that the insured was guilty of negligence or failed to exercise reasonable care in the matter of fulfilling the condition of the policy regarding use of vehicles by duly licensed driver or one who was not disqualified to drive at the relevant time.

Motor Vehicles Act,1988  - Section 173 , Section 149 (2)

Award given by Motor Accidents Tribunal - Insurance company cannot challenge quantum of compensation - The only ground open to insurer is contained in Section 149(2).

Topic(s)-Fake or invalid driving licence

Important Decision(s)- Insurance company cannot challenge quantum of compensation.