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J. C. DOSHI
RAVAL RAMESHBHAI SOMABHAI – Appellant
Versus
DIPESHKUMAR BABUBHAI PATEL – Respondent
JUDGMENT :
J.C. DOSHI, J.
1. Since both the First Appeals filed u/s 173 of the Motor Vehicles Act, 1988 (in short “the Act”) arise out of selfsame accident having common judgment and award in M.A.C.P. No.46 of 2013 passed by the learned Motor Accident Claim Tribunal (Aux), Mehsana at Visnagar, they are being disposed of by this common order. First Appeal No.2759 of 2024 is filed by original claimant, whereas First Appeal No.4127 of 2023 is filed by the Insurance Company.
2. The brief facts of the case are as under.
2.1 The deceased Madhuben wife of Rameshbhai Raval was standing nearby the Madhasana DP Bus Station on 15.03.2013 at 15.00 hours. Opponent No.3 driver of the motorcycle bearing Registration No.GJ-090AP-3528 came in rash and negligent manner and dashed his motorcycle with Madhuben and caused the road accident which resulted into death of Madhuben. Hence, the claimants have filed claim petition before the learned Tribunal which came to be partly-allowed. Hence, these appeals.
3. Heard learned advocate Mr.Nishit Bhalodi for the claimants, learned advocate Mr.Nitesh Jain for driver and owner of the offending vehicle and learned advocate Ms.Kirti Pathak for the Insurance Compa
The Insurance Company must prove the owner's knowledge of the driver's unlicensed status to escape liability; mere allegations are insufficient.
The insurance company must prove the wilful breach on the part of the vehicle owner, and the mere fact of the driving license being fake does not absolve the insurer from liability.
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.
Motor insurance policy – Generally, no person employing a driver would undertake such a verification exercise and would be satisfied with production of a licence issued by a seemingly competent autho....
Point of Law : Motor Accident claim - Insurance company is entitled to take a defence that the offending vehicle was driven by an unauthorised person or the person driving the vehicle did not have a ....
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 liable to pay compensation first and can recover from the vehicle owner if there is a policy breach due to the driver's lack of a valid license.
The main legal point established in the judgment is the liability of the insurance company to pay compensation for accidents involving vehicles insured by them, and the right of the insurance company....
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