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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
United India Insurance Co. Ltd. – Appellant
Versus
Kabita Deka – Respondent
JUDGMENT AND ORDER (ORAL)
Heard Ms. M. Choudhury, the learned counsel appearing on behalf of the appellant and Mr. S. Dutta, the learned senior counsel assisted by Ms. K. Borah, the learned counsel appearing on behalf of the respondent No.1 as well as Mr. G. Jalan, the learned counsel appearing on behalf of the respondent No.2.
2. The appellant Insurance Company being aggrieved by the judgment and award dated 02.03.2021 passed in MAC Case No. (D)275/2013 by Court of the Additional District Judge (FTC)- cum- Member, MACT, Darrang, Mangaldai has approached this Court by filing the instant Appeal.
3. Ms. M. Choudhury, the learned counsel appearing on behalf of the appellant submitted that the instant Appeal is directed primarily on the non-consideration of the materials on record while adjudicating the Issue No.II by the learned Tribunal below. The learned counsel for the appellant submitted that during the proceedings there were various orders being passed by the learned Tribunal for the appearance of the District Transport Office (DTO), Tuensung, Nagaland in respect to the veracity of the driving license of the driver of the offending vehicle. The DTO concerne
Insurance liability is contingent on the validity of the driver's license; if the driver has a fake license, the Insurance Company cannot be held liable for compensation.
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
The insurance company must prove any breach of policy conditions to avoid liability for compensation claims.
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.
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
Point of law : Liability of an insurer to reimburse the insured, as an owner of the vehicle not only depends upon the terms and conditions laid down in the contract of insurance but also the provisio....
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