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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Oriental Insurance Co. Ltd – Appellant
Versus
Gita Talukdar, W/o. Late Dinesh Talukdar – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard Mr. S. Dutta, the learned counsel representing the appellant Insurance Company as well as Ms. P. Barman, the learned counsel appearing for the respondents.
2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 11.09.2002 passed by the learned Member, Motor Accident Claims Tribunal Barpeta in MAC Case No.148/2000.
3. On 01.04.2000, a truck bearing Registration No.HR-38/A/1930 was coming from Guwahati side to Barpeta Road. At about 7.30 A.M., at Denartary Railway Crossing on the National Highway No.31, the truck knocked down the deceased Dinesh Talukdar. He was immediately shifted to the hospital, which on the other hand referred him to Guwahati Medical College and Hospital. Within an hour of the accident, Dinesh Talukdar was declared dead.
4. A claim petition was filed before the Tribunal for seeking compensation.
5. The owner and driver of the truck both filed written statements. They claimed that the vehicle is insured under the Oriental Insurance Company Limited. The driver of the truck also claimed to have a valid driving licence.
6. The Oriental Insurance Company had contested the case by fi
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 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....
Insurance companies can be held liable for compensation despite the driver's lack of a valid license if a valid insurance policy exists covering the accident.
The insurance company's liability in motor accident claims is not defeated if the driving licence is fake, allowing the company to recover the compensation from the owner.
Liability of insurance company in cases where the driver does not possess a valid driving license under the Motor Vehicles Act.
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