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HIGH COURT OF GUJARAT
J.C. DOSHI
Heirs Of DECD. Danabhai Bijalbhai Makwana – Appellant
Versus
Ashokbhai Hakabhai Laljibhai Padheriya – Respondent
| Table of Content |
|---|
| 1. tribunal's decision on insurance (Para 1 , 3) |
| 2. appellant's submission on error (Para 2) |
| 3. driver's lack of license established (Para 4) |
| 4. insurance company must pay first (Para 5 , 7 , 8) |
| 5. appeal outcome and directions (Para 6) |
ORDER :
1. Aggrieved and dissatisfied with the judgment and award dated 6.12.2012 passed by the Motor Accident Claims Tribunal, Surendranagar in M.A.C.P. No. 65 of 2008.
3. On the other hand, learned advocate Mr. Alkesh Shah for respondent No.2 while supporting the impugned judgment and award, would submit to dismiss the appeal.
“12. So far as contention of not having driving licence by the opponent jeep driver raised by Mr.Bhadeliya, LA.,is concerned, the opponent No.1, who is the driver-cum- owner of the offending jeep is examined by opponent No.2 Insurance Co., vide Exh.39, wherein, the jeep driver has clearly stated the fact that at the time of accident, he was not having driving licence to drive the vehicle. Hence, the fact of not having driving licence by the opponent driver is not disputed. This Tribunal has minutely perused the judgments cited by learned advocates of the respective parties and from which, Mr.Bhadeliya, L.A.,appears r
Insurance companies must initially pay compensation even if the driver lacks a valid license, with the right to recover from the vehicle owner.
Point of Law : Tribunals in interpreting the policy conditions would apply "the rule of main purpose" and the concept of "fundamental breach" to allow defences available to the insured under section ....
The insurer must satisfy the compensation award despite the insured's breach of policy conditions unless it fundamentally contributed to the accident.
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....
The main legal point established in the judgment is that the insurance company is required to first pay the claimants of the victim and thereafter recover from the owner of the offending vehicle in q....
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.
An insurer cannot evade liability based on an invalid driver's license unless a wilful breach by the insured is proven.
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 initially pay compensation for third-party claims, even if the vehicle owner breached policy conditions, allowing for subsequent recovery from the owner.
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