K.T.THOMAS, R.P.SETHI
New India Assurance Co. , Shimla – Appellant
Versus
Kamla: Kanku: Sheela Devi – Respondent
Question 1? Question 2? Question 3?
Key Points: - The judgment addresses whether a renewed driving licence can validate a forged/licence document and the implications for insurer liability. (!) (!) (!) - It analyzes the insurer's right to recover from the insured when a policy covers third-party liability but the driver lacked a valid licence, and the conditions under which recovery is permitted. (!) (!) (!) - It remits to the Claims Tribunal to determine if there was a breach of policy conditions due to driving without a valid licence and to allow evidence from involved parties. (!) (!)
JUDGMENT
Thomas, J.-Leave granted.
If a fake driving licence happened to be renewed by the statutory authorities, would the fakeness of the original document get legally sanctified? If it cannot, would the Insurance Company be liable to pay compensation in respect of a motor accident occurred while the vehicle was driven by a person holding such a sham licence? These are the main questions involved in these appeals.
2. An accident occurred on 1.3.1993 when a truck, driven by the 8th respondent (Liaqat Ali) capsized. Three inmates of the vehicle died in the accident. Legal heirs of those three deceased persons preferred claims before the Motor Accident Claims Tribunal concerned (for short the Claims Tribunal ) as per the provisions of the Motor Vehicles Act, 1988 (for short the Act ). The owner of the vehicle as well as the driver were made parties, besides impleading the insurer (appellant Insurance Company) in the claims proceedings. It is admitted that the truck was then covered by a valid insurance policy issued by the appellant company. As we are now concerned only with the contentions of the appellant Insurance Company, that too restricted to the question relating t
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