Back
SANJAY KAROL, MANOJ MISRA
New India Assurance Co. Ltd. – Appellant
Versus
Mansab Ali – Respondent
| Table of Content |
|---|
| 1. factual background of the accident (Para 2 , 3 , 4 , 5 , 6) |
| 2. claims made by insurance company (Para 7 , 8) |
| 3. legal analysis of driver's license requirements (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. liability of insurance company under law (Para 15 , 16) |
| 5. conclusion and order for compensation (Para 17 , 18) |
ORDER :
| Time taken for disposal of the claim petition by MACT | Time taken for disposal of the appeal by the High Court | Time taken for disposal of the appeal in this Court |
| 2 years 6 months | 1 year 1 month | 3 months 24 days |
Leave granted.
2. This appeal is directed against the judgment and order dated 12th August 2024 passed in FAO-3335-2024 (O&M) by the High Court of Punjab & Haryana at Chandigarh, which, in turn, was preferred against the order dated 31st October 2023 in MACP-155-2021 passed by the Motor Accident Claims Tribunal, Sas Nagar.
3. The undisputed facts are that on 26th November 2019, the deceased, namely, Sajad Abdul Basit, aged 24 years, was travelling along with his friend on a motorcycle to college. Upon reaching Petrol Pump, Marnupur, a motorcycle bearing registration no. HP-10-A-4265 (hereinafter referred to as the “
The insurance company is not liable for compensation as the driver lacked a valid motorcycle license, necessitating a specific license for each vehicle class.
Liability for compensation can be attributed to the motorcycle owner despite an unlicensed rider, affirming that insurance policy breaches do not negate injury claims from negligent behavior.
The court reaffirmed that the burden of proof lies with the Insurance Company to demonstrate the absence of a valid driving license, and emphasized the legislative intent to provide compensation to v....
Insurance companies may be liable to indemnify third-party claims even if the driver lacked a valid license, based on principles of social security and judicial precedents.
The central legal point established in the judgment is that the liability of the Insurance Company is determined by the validity of the driver's licence and the specific authorization to drive the ty....
The central legal point established in the judgment is the liability of the Insurance Company based on the violation of policy condition due to the rider not possessing a valid driving license at the....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
