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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA, J.
Oriental Insurance Company Ltd., Represented By The Regional Manager – Petitioner
Versus
Smti Bhanita Mali, D/o. Bharat Ch. Mali And Ors. – Respondents
MAC App. No.28 Of 2019
Decided On : 01-08-2024
MOTOR VEHICLES ACT - MOTOR ACCIDENT CLAIMS - The court emphasized the beneficial nature of the Motor Vehicles Act provisions for compensating accident victims, ruling that the Insurance Company failed to prove the driver's lack of a valid license, thus upholding the Tribunal's compensation order.
Fact of the Case:
The claimant was injured while riding as a passenger on a motorcycle that was involved in an accident due to the driver's rash and negligent driving. The claimant sought compensation from the Motor Accident Claims Tribunal.
Finding of the Court:
The Tribunal found that the Insurance Company did not prove that the motorcycle driver lacked a valid driving license, despite the Insurance Company's claims. The court upheld the Tribunal's decision to award compensation to the claimant.
Issues: Whether the driver of the motorcycle had a valid driving license at the time of the accident and whether the Insurance Company could avoid liability based on this claim.
Ratio Decidendi: The court held that the Insurance Company bore the burden of proving the driver's lack of a valid license, which it failed to do. The beneficial nature of the Motor Vehicles Act provisions was highlighted, supporting the claimant's right to compensation.
Final Decision: The appeal was disposed of, directing the Insurance Company to pay the awarded compensation to the claimant, with the right to recover the amount from the motorcycle owner if the owner could prove the existence of a valid driving license.
JUDGMENT :
(Parthivjyoti Saikia, J.) :
Heard Mr. S. Dutta, learned counsel representing the appellant as well as Mr. N. Baruah, learned counsel appearing for the respondents.
2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 21.06.2018, passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M), Guwahati in MAC Case No.518 of 2017.
3. On 18.12.2016 at about 9 A.M., the respondent/claimant was riding the back seat of a motorcycle bearing Registration No.AS-14-F-1395. Because of rash and negligent driving on the part of the driver of the motorcycle, it met with an accident. As a result, the claimant sustained injuries.
3. She filed an application before the Tribunal seeking compensation.
4. In the Tribunal, the appellant Insurance Company had contested the case by stating that the driver of the motorcycle did not have valid driving license at the time of the accident.
5. The Tribunal did not frame any issue on that point. Even then, the Tribunal held that the Insurance Company failed to prove the aforesaid fact.
6. Finally, the Tribunal directed the Insurance Company to pay compensation of Rs.8,41,540/-to the claimant.
7. Aggrieved by the aforesaid judgment, the present appeal has been filed.
8. I have considered the submissions made by the learned counsel of both sides.
9. The driving licence of the driver of the motorcycle was reportedly issued from the Office of the District Transport Officer, Phek in the State of Nagaland. The Investigator of the Insurance Company had visited the said office and came to know that no such licence was issued to the driver of the offending motorcycle.
10. The Tribunal held that the Insurance Company did not bring any witness from the Office of the District Transport Officer, Phek in the State of Nagaland to prove the fact that the Driving Licence No.26451/PK/PVT/2010 was not issued by that office. Therefore, the Tribunal did not accept the plea of the Insurance Company.
11. The provisions of law for payment of compensation to motor accident victims are beneficial legislations. Therefore, this Court is of the opinion that the intention of the legislature which created these provisions in the law is to be respected.
12. The Insurance Company is directed to pay the money to the claimant. The Insurance Company is at liberty to go for recovery of the money from the owner of the offending motorcycle. In that proceeding, the owner of the offending motorcycle shall have prove that he had a valid driving licence on the day of occurrence.
13. The appeal is disposed of with the aforesaid direction.
Send back the LCR.
The court reaffirmed that the burden of proof lies with the Insurance Company to demonstrate the absence of a valid driving license, and emphasized the legislative intent to provide compensation to v....
In the absence of credible evidence, the insurance company is liable to pay compensation for the violation of policy conditions.
The Insurance Company may not contest facts not raised in earlier proceedings, as liability was established against the driver for the motor accident leading to the claimant's death.
The central legal point established in the judgment is that the liability of the Insurance Company is determined by the validity of the driver's licence and the specific authorization to drive the ty....
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