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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Pravin S.Patil
United India Insurance Co. Ltd. – Appellant
Versus
Sangita Sanjay Kalhane – Respondent
JUDGMENT :
Pravin S. Patil, J.
. Heard.
2. In the present appeal, challenge is to the judgment and order passed by the Motor Accident Claims Tribunal, Amravati, in MACP No.374/2006 decided on 28.03.2008 at the instance of the appellant Insurance Company only on the ground that learned Tribunal failed to consider the fact that the driver of the vehicle was having a learner’s license and not a permanent licence. As such, the same is the breach of the policy and, therefore, the appellant Company is not responsible even to pay and recover in the present matter.
3. It is the case of the respondent claimant before the Claims Tribunal that on 23.04.2006, the deceased was dashed by a Tata Sumo No. MH 20/W-4062 driven by respondent No.5, owned by respondent No.6 and insured with the appellant Company resulting to his death.
4. The respondents claimants therefore, filed a Claim Petition bearing No.374/2006 claiming thereby compensation of Rs.6 lakhs due to death of deceased in a motor accident.
5. In light of this factual position, on behalf of the claimant, Mrs Sangita Sanjay Kalhane was examined before the Reference Court, who has given the details of the accident as well as income of the deceas
The absence of a qualified instructor for a learner driver does not constitute a breach of insurance policy, maintaining the insurer's liability for compensation in the event of an accident.
The central legal point established in the judgment is that a person holding a learner's licence is entitled to drive a vehicle, and any condition in the insurance contract prohibiting this would run....
A learner’s licence does not qualify as a valid driving licence under the Motor Vehicles Act, absolving the insurance company from liability.
The insurer must prove a breach of policy conditions by the insured to avoid liability; mere invalidity of a driving license does not absolve the insurer from responsibility.
The main legal point established is that a person holding a learner's licence is considered 'duly licensed' and the insurance company is liable to pay compensation to the claimants and later recover ....
Accident - Liability of Insurance company and Owner - Award of compensation is not within the four corners of law and the schedule contained in the Motor Vehicle Act.
The Insurance Company must prove the owner's knowledge of the driver's unlicensed status to escape liability; mere allegations are insufficient.
Insurance companies cannot evade liability for third-party claims solely due to a driver’s lack of valid license; they must prove the owner's negligence to avoid statutory obligations.
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