Back
C. Ibrahim Musliar – Appellant
Versus
Yahutty – Respondent
JUDGMENT :
JOHNSON JOHN, J.
The 2nd respondent in O.P.(MV) Nos. 285 of 2017 and 284 of 2017 on the file of the Motor Accident Claims Tribunal, Tirur filed the above appeals challenging the direction in the common award of the Tribunal permitting the 3rd respondent insurance company to recover the amount of compensation from the owner of the vehicle after payment to the petitioners.
2. The respective claim petitions are filed by the legal heirs of the deceased Muhammed Shafeeq and Hanees Mubaraq, who died in the motor vehicle accident occurred on 04.04.2016. At the time of occurrence, the deceased were travelling as rider and pillion rider in a motorcycle and a scorpio car driven by the 1st respondent from the opposite side in a rash and negligent manner caused to hit the motorcycle and thereby, the rider and pillion rider sustained fatal injuries and subsequently, succumbed to the injuries, while undergoing treatment in the hospital.
3. Before the Tribunal, Exhibits A1 to A14 were marked from the side of the petitioners and Exhibits B1 and B2 from the side of the respondents.
4. After trial and hearing both sides, the Tribunal found that the accident occurred because of the negligence o
The owner of a vehicle must verify the driver's valid licence; failure to do so constitutes a breach of insurance policy terms, absolving the insurer of liability.
The main legal point established in the judgment is that the owner's satisfaction with the driver's competence to drive the vehicle shifts the onus to the Insurance Company to prove any breach of the....
Section 149(2) deals with insurer's right to defend an action on account of breach of policy condition.
The Insurance Company must prove the owner's knowledge of the driver's unlicensed status to escape liability; mere allegations are insufficient.
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....
When driver of a vehicle commits a fraudulent and criminal act by driving vehicle with a forged licence without knowledge of owner, such driver cannot escape liability towards Insurance Company on ac....
Motor insurance policy – Generally, no person employing a driver would undertake such a verification exercise and would be satisfied with production of a licence issued by a seemingly competent autho....
The liability of the insurer to pay compensation is upheld despite the driver's fake license, as the owner failed to prove non-willful violation of policy terms.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
