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Compensation - No Valid Driving Licence.

Page no : 3

N.K.Assumi (Advocate)     18 August 2009

It is very interesting to watch the deliberations of the members on this interesting topics. Regarding Jatin answer about learner's licence, I am of the opinion that the learner's licence is as good as a driving licence and insurer can not absolve itself on the grounds that the driver was possessing only learner's licence. If there is any statements of law by the Supreme Court please cite the same for the benefit of all of us here in the forum. As regards the gratutious passengers in goods carriage vehicle the statements of law is very clear and the insurer can be absolved from liability. Once again thank you all of you for the lively deliberations.

Vikram Garg (Project Director)     06 September 2009

It is curios to know... Owner (of private vehicle) keeps the driver and checks his license by onyl seeign it. They could be issues from any state like UP, Bihar, Haryana. They will never be able to get the verification done. Some times people hire the driver for a day and go with them. Under this circulstances, in case an accident happens.. Insurance companies does the verification and proof that driving license is fake. Looks owner is responsible for it. Is their any judgement on this... or it is owner's complete responsibility to check with authority about the genuineness of driving license, before handing over the vehicle to any driver.

adv. rajeev ( rajoo ) (practicing advocate)     08 September 2009

="">no 8ns co., is not liable.recent judgements wl b sent 2 u.

subendran.T (advocate)     12 September 2009

offending lorry driver was not in possession of a licence / endorsement to drive the hazardous goods vehicle - he was possessed only of a licence to drive heavy goods vehicle - there was a violation of policy condition - award passed by the tribunal exonerating the Insurance company affirmed 2009 (2) TLNJ 627

Sarvesh Kumar Sharma Advocate (Advocacy)     08 March 2010

thnks 4 d rulings 2 day i m also searching 4 d same

yashwanth (n)     02 August 2010

dear sir,i have no licence and i was caught by police and they have kept case on me,what the court will take action on me!!!!! please reply

Jithendra.H.J (Lawyer)     03 August 2010

Dont worry, you may have to pay some fine amount in the court, thats all, no need to engage a lawyer

Pankaj Rai (Lawyer)     13 August 2010

Hi, Even driver had got no valid and effective driving licence at time of  driving stolen vehicle , insurance company alone liable for third party risk.No pay and recover from owner.

Jayanta Bhowmick (lapsurg)     27 August 2010

A Maruti van ambulance having a yellow numberplate, being driven by a driver having a LMV licence while driving gets drowned in sudden flood.The driver and another employee of a hospital both dies with drowning ( As such there was no accident- the police report as well as the postmortem report confirms that).

Is the insurance company liable for compensation to the decease( driver and another person) ,with the fact that :

1) officially the driver was having an invalid licence( although he could have driven a Maruti van private vehicle with that LMV licence) he  ideally should have the licence of driving a medium passenger vehicle.

2) The fitness certificate of the vehicle also had expired 5 months back , although the vehicle was regularly serviced at authorised service station, it just got out of mind to renew the fitness certificate.

The insurance company has denied to register the claim saying the driver did not have a valid licence.The vehicle was in water completely for more than 24 hours and the repairing cost of the vehicle is about a lac Rs.


Can any expert please guide and comment with relevant references and judgements


thanks and regards,

anurag (claims)     06 May 2012

Insurance co. is liable but FIR regarding the theft should be registered before the accident.









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