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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
Kalimata Transport – Appellant
Versus
Jamir Mallik @ Jamir Hossain – Respondent
Judgment :
Biswaroop Chowdhury, J.
The appellant before this Court was an opposite party in a case under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 22-04-2014 passed by Learned Additional District Judge 13th Court Alipore in. MAC Case No-29/2011.
The case of the respondent no. 1, and 2/claimants before the Learned Trial Court may be summed up thus:
On 03.02.2011 at about 10 a.m. while the victim was proceeding on his bicyle at that time the offending vehicle bearing No. WB-15A/7295. (Lorry) dashed against him and as a result the victim sustained injuries and died on the spot. The victim used to earn Rs. 3,200/- per month. Pursuant to filing of this case notice was issued upon the opposite parties. Opposite Party Bazaz. Allianz General Insurance Co. Ltd. contested the case by filing written statement but opposite party Kalimata Transport the appellant herein did not appear to contest the case. ISSUES were framed and evidence was adduced by the claimants and insurance company. The Learned Trial Judge by Judgment and Award dated 22-04-2014 was pleased to dispose of the claim case by observing and directing as follows:
‘Hence ORDERED that the
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 insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
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.
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
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