BHUWAN SINGH Vs. M/S ORIENTAL INSURANCE CO.LTD.& ANR.
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Head Note
Motor Vehicles Act, 1988 - Section 149
Motor Vehicles Rules, 1989 - Rule 14 - Motor Accident - Compensation - Insurer's liability - Absence of valid Driving licence - Burden of proof - Tractor hit deceased while he was riding on a cycle - Deceased sustained head injury and died on the spot - Appellant owner of the vehicle - Appellant taking specific plea that he was not driving - It was driven by some named person - Fact being within his special knowledge, burden of proof lies upon him - He has not examined that person - Appellant is shown as the owner and drive of the vehicle - Company raised a specific plea that appellant was not having a valid and effective driving licence - Appellant not examining the person allegedly driving the vehicle - Ordinarily burden to prove breach of contract of insurance lies on the company - In this case, burden lies on the appellant u/sec. 106 of Evidence Act - Appellant not discharging his burden - Finding that appellant was driving the vehicle - Company, not liable to reimburse him in terms of contract of insurance - Appeal dismissed.
Motor Vehicles Act, 1988 - Section 3 , Section 149 (2)
Motor Vehicles Rules, 1989 - Rule 14 - Breach of policy - Valid and effective driving licence - Condition for grant - Appellant holding a learner's licence, which expired on 22.12.2023 - Accident took place on 5.1.2024 - Applellant making an application for regular Driving Licence on 22.1.2024 - Appellant not having any valid driving licence - A holder of learner's licence is also entitled to drive a vehicle, but for a specific period - Since appellant's learner's licence had been expired and was not valid on the date of accident, he cannot be said to be duly licensed - - Insurer not liable to reimburse in terms of contract of insurance.
Topic(s)-Motor Accident Claim , Compensation , Insurer's Liability , Absence of Valid Driving licence , Breach of Policy