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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 :
(J. C. DOSHI, J.)
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.
2. Learned advocate for the appellant would submit that the learned Tribunal has committed serious error in exonerating the insurance company on the ground that the driver of the jeep was not holding valid and effective licence on the date of accident. He would further submit that the learned Tribunal has failed to consider the ratio laid down by the Hon’ble Apex Court in case of National Insurance Co. Ltd. v. Swarn Singh and Ors., (2004) 3 SCC 297 , whereby the Hon’ble Apex Court has laid down guidelines. He has also cited the judgment in case of Pappu Versus Vinod Kumar Lamba reported in 2018 (3) SCC 208 to submit that the Hon’ble Apex Court again reiterated the principle laid down in case of Swarn Singh (supra) and submit that in case, if it is establish
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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