LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Saksham Garg (Student)     19 May 2022

Motor vehicle accident claim in case driving license of deceased is fake

A person died in road accident after his car which he was driving crashes into a truck which was parked on wrong side of road. The family members filed MACP and after filing the case it was found that the DL of deceased was fake. Can compensation be granted in this matter? Please cite court judgements if possible.



Learning

 2 Replies

Advocate Bhartesh goyal (advocate)     20 May 2022

Although deceased driving license was found fake even than his legal heirs are entitled to get compensation under provisions of Motor Vehicle Act.

2 Like

Shweta   22 May 2022

Hello Sir

Since the deceased (given he was driving the vehicle at the time of accident) did not carry any license and the claimant submitted a fake driving license would mean that the present case will fall under contributory negligence. 

Negligence means a breach of duty of care or a failure to exercise a standard of care which a reasonable man should have exercised in a particular situation. Now in this case there has definitely been a breach of duty by the deceased person. However, since both the parties are at fault here the case would fall under contributory negligence. 

Contributory Negligence is where both the parties are at fault, but where the plaintiff is partly at fault for contributing to the damage caused by the negligence of the defendant and would be liable for his contribution to the damage. A claimant ‘contributes’ to his injury when his behaviour falls below what is required by the reasonable person standard, which assesses what a reasonable person would have done to protect themselves from injury. Here in this case a reasonable person when driving is generally expected to carry their driving license and to provide a valid document in court of law too.

Furthermore, in the case of Chandramani Kanhar v. State of Odisha,  2020 SCC OnLine Ori 930, it was held that if a forged and fabricated document is filed in Court to get some relief, the same may amount to interference with the administration of justice and the conduct is punishable as contempt of Court. The fabrication and production of false document can be held to be interference with the due course of justice.

It will also help to prove your case if it is proved that the if the person acted reasonably, he could have avoided the accident. This can be used successfully as a defence and to lower the compensation. However, the defendant getting compensation is unlikely and shall be subject to the facts of the case.

 

I hope this helps to resolve your query.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More


Post a Suggestion for LCI Team
Post a Legal Query