Motor Accident Claim
Mode of Citation- ILC-2015-SC-MAC-....
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Motor Accident Claim
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Motor Accident Claim
Mode of Citation- ILC-2015-SC-MAC-....
Judgement Subject Index/Important Decision/Topic

ILC-2004-SC-MAC-Jan-5

National Insurance Co. Ltd. Vs. Swaran Singh

Head Note

Motor Vehicles Act,1988  - Section 10 , Section 149 (2) ,  (4) ,  (5)

Valid driving license - Type and categories of vehicles - Breach of policy - Disqualification of driver - Validity of driving license - Defences for insurer - A person possessing a driving license for car may drive any light vehicle like jeep and maxi-cub or motor -cab or omnibus for which he has no license - That in itself will not be defence for the insurer - Where accident takes place in such a case, to raise it as a defence, the insurer must prove that possessing license by the driver for another type of vehicle played the main role in the cause of accident.

Motor Vehicles Act,1988  - Section 14 , Section 15 , Section 149 (2)

Learning driving license - Breach of policy - Disqualification of driver - Validity of learner's driving license - Learner's driving license is a valid driving license under the Rules - The insurer cannot take it as a defense to avoid its liability.

Motor Vehicles Act,1988  - Section 149 (2) ,  (4) ,  (5)

Disqualification of driver - Validity of driving license - Insurer is entitled to raise all defences available U/s 149(2) of the Act - However, mere absence, fake or invalid at the relevant time are not the defences available to insurer against the insured or third parties - To avoid its liability towards the insured also the insurer has to prove the insured to be guilty of negligence and failure to exercise reasonable care in compliance of conditions of policy - Burden is on the insurer to establish breach of policy by leading cogent evidence - Mere non-production of license or evidence by the insured cannot be considered as discharge of burden of insurer.

Motor Vehicles Act,1988  - Section 149 (2) ,  (4) ,  (5)

Driving without license - Third party claims - Breach of policy - Duty of insurer to satisfy the claim - Cannot be held as a duty of the insurer - The insurer will be entitled to recover back from the insured.

Motor Vehicles Act,1988  - Section 149 (2) ,  (4) ,  (5)

Third party claims - Liability of insurance company to satisfy - Breach of policy - Defences for insurer - Direct the insurer to pay the amount of compensation to third party with a right to recover it from the insured - For that purpose, the award itself can be executed against the insurer against the insured - However, if some intricate questions are involved for adjudication, the Tribunal may relegate the parties to regular court but the claimants might not be allowed to suffer on account of such delay.

Motor Vehicles Act,1988  - Section 15 , Section 141 , Section 149 (2) ,  (4) ,  (5)

Validity of driving license - Defences for insurer - 'Effective license' - 'Duly licensed' - Non-renewal of license - Third party claim - Driving with an unrenewed license and being duly licensed are different terms and may amount to an offense, but not to affect the third party claim in itself - The words 'duly licensed' have been used in a past tense - Rule enables renewal of a license even after expiry.

Topic(s)-Disqualification of driver , Validity of driving license , Effective license , Duly licensed , Non-renewal of license , Validity of learner's driving license

Important Decision(s)- 

  • Validity of driving license - Insurer is entitled to raise all defences available U/s 149(2) of the Act.
  • Mere non-production of license or evidence by the insured cannot be considered as discharge of burden of insurer.
  • Non-renewal of license 'duly licensed' have been used in a past tense.
  • Validity of driving license - License for car may drive any light vehicle like jeep and maxi-cub or motor - That in itself will not be defence for the insurer.







                                                                          Full Judgement Body is not available


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