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prabodh kumar patel (advocate)     26 October 2008

Motor Accident - insurance claim

MACT Case

Truck accident, driver possessing licence to drive Light motor vehicle

(upto 4 wheeler)

Will the Insurance Co. have to pay compensation?



 14 Replies

amarendra (lawyer)     26 October 2008

as the truck was driven by a person not authorised to drive the insurance co is not liable but as per recent ruling of s.c. first the insu. co. has to pay the awrd amount than can recover it from the owner

GOPAL SINGH SAINI (ADVOCATE)     26 October 2008

Driver has been possed a L.M.V. Licence whitch has been not authorised to drive a heavy whicle.So the the insourance co. is not liable to pay compansation amount. Driver and owner are liable to pay the compantion amount to petitioner.

K.C.Suresh (Advocate)     27 October 2008

Ins. Co. not liable.

sanjay kumar patibandla (advocate)     29 October 2008

 Insurance is not liable to pay compensation

Sandeep Bajaj (Advocate)     03 November 2008

 Yes!


 


Thats right. After the judgment of Swaran Singh the Hon'ble Supreme Court has taken a view that the insurance company can not be held liable to pay the amount where it can take the defence provided u/s 149 (2) of the Motor Vehicle Act.. (See New India Vs. Prabhu Lal (2008) 1 SCC 696) and [Prem Kumari Vs. Prahlad (2008) 3 SCC 193]However as a usual practice in third party claim, the Insurance Cos. are made liable to pay and then to recover the same from the owner of the vehicle even under the circumstances the license is found not genuine.


 

Sandeep Bajaj (Advocate)     03 November 2008

 In third party claim Insurance Co.s are made liable to pay and then to recover and this view is consistently taken by the Hon'ble Supreme court however in the case of own damage case isurance co. are not liable to pay any amount.


 

prof s c pratihar (medical practitioner &legal studies)     11 November 2008

your query is resolved.insurance co is govern by a statute.if you failed to honour the statute how can you just claim?

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     01 January 2009

I do agree with my all Ld. friends. Insurance com. is not liable to pay any compensation to the claimants.

Pankaj Rai (Lawyer)     23 February 2009

No liability can be fastened upon insurance company because  driving licence issued under M.V. Act specify the class or description of vehicle which the holder is entitle to drive and the period for which he is so entitled.in the present case that person has not having valied D.L.

Pankaj Rai (Lawyer)     23 February 2009

No liability can be fastened upon insurance company because  driving licence issued under M.V. Act specify the class or description of vehicle which the holder is entitle to drive and the period for which he is so entitled.in the present case that person has not having valied D.L.

vinod bansal (lawyer)     27 July 2009

 I do agree with Mr. Amrander

Munendra Kumar Sharma (Advocate)     29 September 2009

Plz site the ruling that company is not liable to pay any amount because in my openion company has right to recover from owner of Truck

Vinay Chhikara (Legal Expert)     24 October 2009

According to Me 

 

that  truck was driven by a person having the LTV Licence and not authorised to drive  the truck. The insurance co is not liable to pay the claim to the claimants and in the light of latest precedent of Supreme Court the insurance company will pay the claim to claimant after that they are entitle to recover from the owner & driver

DISHA D. SHAH (lawyer)     24 March 2010

yes if driver   go to "workmen compensation " driver can get compensation from insu.com.


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