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NAVIN CHAWLA
Bhira – Appellant
Versus
Amrit Garg (Oriental Insurance Co. ) – Respondent
JUDGMENT
Navin Chawla, J. (Oral)
1. These appeals have been filed by the appellants challenging the Awards dated 30.03.2015 passed by the learned Motor Accidents Claims Tribunal, North-West District, Rohini, Delhi (hereinafter referred to as the `Tribunal') in MACT Petition Nos.84/2009, titled Amrit Garg v. Bhira & Ors., 85/2009, titled Vimla Devi & Ors. v. Bhira & Ors., and 86/2009, titled Vimla Devi v. Bhira & Ors., respectively.
2. By the Impugned Awards, the learned Tribunal, while awarding compensation in favour of the Claimants, has directed that the same shall be paid by the Insurance Company, who shall then have a right to recover the same from the appellants herein, that is the driver and the owner of the offending vehicle, that is, truck bearing no.HR-56D- 0135. The said right has been granted to the Insurance Company as the appellants had remained ex-parte before the learned Tribunal, and in spite of the Insurance Company serving a notice under Order XII Rule 8 of the Code of Civil Procedure, 1908 calling upon the appellants to produce the valid permit qua offending vehicle and the driving licence of the driver, had failed to produce the same before the Insurance Compan
The judgment established that the owner's satisfaction with the driver's competence does not absolve the insurance company from liability unless it can prove that the owner was aware of the fake lice....
The main legal point established in the judgment is the requirement for the Insurance Company to establish wilful breach on the part of the insured and the entitlement to recover the awarded amount f....
When driver of a vehicle commits a fraudulent and criminal act by driving vehicle with a forged licence without knowledge of owner, such driver cannot escape liability towards Insurance Company on ac....
The owner of a vehicle is not liable for damages if they reasonably believed the driver's license was valid, and the burden of proof lies with the Insurance Company to demonstrate otherwise.
The insurer must prove that the insured's breach of policy conditions is willful to avoid liability, even if the driver holds a fake license.
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