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SUDEB MITRA
ICICI Lombard General Insurance Company Ltd. – Appellant
Versus
Tarapada Rajak – Respondent
JUDGMENT
Feeling aggrieved by and dissatisfied with the judgement pronounced on contest in CC/13/2019 against the OP of the said CC/13/2019 on 29.06.2022 by the Ld. DCDRC, Purulia, West Bengal, the OP of the said CC ICICI Lombard General Insurance Co. Ltd., represented through its legal Manager/Authorized Signatories has preferred the instant Appeal against the complaint of the said complainant Tarapada Rajak under Sec. 15 of the C.P. Act of 1986.
2. By filing the instant Appeal, the Appellant ICICI Lombard General Insurance Co. Ltd. (hereinafter will be referred as the Appellant of the instant Appeal in this judgement) has contended that CC/13/2019 was not mentionable and as a ground of Appeal, agitated that the Ld. Concerned Commission below could not appreciate the policy condition involved in CC/13/2019. The Appellant has also pressed as another ground of Appeal that the driving license of the driver of the vehicle of the complainant of CC/13/2019 was not a valid driving license for driving passenger vehicle as he was not holder of ‘passenger of vehicle batch’ and consequently his Driving License for driving was not valid and effective driving license. Appellant side contended
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
An insurer is liable for compensation when the driver possesses a valid driving license for a light motor vehicle, overriding the lower tribunal's erroneous liability assessment on the vehicle owner.
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 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....
The court upheld the MACT's compensation award, affirming the validity of the driver's license and the appropriateness of the compensation calculation based on the deceased's income and dependents.
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