Legal Liability of Insurance Comapny when ther is no D.L to
V.V.RAMDAS
(Querist) 09 April 2009
This query is : Resolved
Sir/Madad
Please do provide upto date case law of SC in connection with Accident case Law.If the accused driver is charge sheeted u/s 181 M.V Act for not haveing a driviling licence at the time of accident. Whether the insurance comany is liable for payment of Compensation amount/awarded amount. Should the compay 1st pay and get it recovered from the owner? Reply urgent.
N.K.Assumi
(Expert) 10 April 2009
The main issue is whether the owner of the vehicle was aware of the fake licence of the driver.See the case of United Insurance Company Ltd Vs Lehru and Ors. 2003-(002)-SLT- 0516- SC.Coram: S.N.Variva, B.N.Agrawal,JJ.
N.K.Assumi
(Expert) 10 April 2009
Please c heck your personal mail also.
Tribhuwan Pandey
(Expert) 10 April 2009
Section 149(2)(a)(ii)of MV Act Lisence not held by driver -insurance Co. has no liability to pay any compensation
2004(3)SCC 343
Malla Prakashrao Vs Malla Janaki
Even photocopy of DL is not valid evidence
2000(2)TAC 789 SC
N.K.Assumi
(Expert) 10 April 2009
Dear Ramdas,
You have not mentioned whether your case is 3rd party or driver or the owner of the vehicle. But you can also Refer to 2007 Supreme Court decision in "The Oriental Insurance Company Limited Vs Meena Variyal & Ors". Civil Appeal No.5825 of 2006: Judgement delivered on 02-o4-2007. Coram: C.K.Thaker, P.K.Balasubramanyan,JJ.
adv. rajeev ( rajoo )
(Expert) 11 April 2009
There are so many judgements on ur question. In almost all judgment court has directted the insurance co., to pay and recover. Ist co., will have to pay then it can be recovered from the owner of the vehicle.
V.V.RAMDAS
(Querist) 13 April 2009
Thanks a lot to Tribhuvan and N.K.Assumi for your valuble citations.
