If there is no Driving Licence no Liability of ins. Co.pls suggest me the precedents as early as possible ie before 13/08

No, the driver must be ahving authority to drive the vehicle which is insured otherwise there would be no liability.

you can have a look into soem SC judgments in this regard.

Earlier not holding a valid driving license was a good defence to the Insurance Company to avoid liability. It was been held by the Supreme Court that the Insurance Company is not liable for claim if driver is not holding effective & valid driving licence. It has also been held that the learner's licence absolves the insurance Company from liability, but later Supreme Court in order to give purposeful meaning to the Act have made this defence very difficult. In Sohan Lal Pasi's case it has been held for the first time by the Supreme Court that the breach of condition should be with the knowledge of the owner. If owner's knowledge with reference to fake driving licence held by driver is not proved by the Insurance Company, such defence, which was otherwise available, can not absolve insurer from the liability. Recently in a dynamic judgment in case of Swaran Singh, the Supreme Court has almost taken away the said right by holding;

(i) Proving breach of condition or not holding driving licence or holding fake licence or carrying gratuitous passenger would not absolve the Insurance Company until it is proved that the said breach was with the knowledge of owner.

(ii) Learner's licence is a licence and will not absolve Insurance Company from liability.

(iii) The breach of the conditions of the policy even within the scope of Section 149(2) should be material one which must have been effect cause of accident and thereby absolving requirement of driving licence to those accidents with standing vehicle, fire or murder during the course of use of vehicle.

This judgment has created a landmark history and is a message to the Government to remove such defence from the legislation as the victim has to be given compensation.

Thanks buddy for help

various SC judgments have been published this year in this context.

u may have reference to Civil Court Cases

First of all please clarify that the claimamt i.e.legal heirs of the deceased have claimed under Personal Accident policy or under motor policy as third party against the tracror/traler. In both the cases the Claim/compensation can not be denied to the legal heirs. For getting T.P.Claim under tractor policy, the insurer of tractor can ask for driving license of tractor driver to admit its liabilty under motor policy. Even if the tractor driver does not possess valid driving license, a right of third party to get compesnsation for wrngfull act of driver can not be jeoprdised. Under individual P.A.policy, the defense of insurance company for not possessing valid and effective driving license does not hold much water as this is not a breach of of law with criminal intension

Judgement Authority Citation 2008(2) CPR 239 (NC)

For more detail please email me on ravisakaria@yahoo.co.in

If it is TP claim let the matter be decided by the competent court. In that case you have no role to play