Back
VINIT KUMAR MATHUR
New India Assurance Co. Ltd. – Appellant
Versus
Rinki Arora – Respondent
JUDGMENT
1. With the consent of learned counsel for the parties, the matter is finally heard and decided.
2. The present appeal has been preferred against the judgment and award dtd. 17/9/2001 passed by the Motor Accident Claims Tribunal, Pali in Motor Accident Claim Case No.118/2001 (81/96) whereby the Tribunal awarded a sum of Rs.1, 83, 230.00 as compensation in favour of the claimant-respondent with an interest @ 9% p.a. on account of the injuries sustained by the respondent No.1 in the accident which occurred on 6/2/1996.
3. Learned Tribunal after framing the issues, evaluating the evidence available on record and hearing learned counsel for the parties allowed the claim petition of the respondent No.1 vide its judgment and award dtd. 17/9/2001 and awarded a sum of Rs.1, 83, 230.00 as compensation to the claimant-respondent No.1.
4. Learned counsel for the appellant Insurance Company submits that admitted facts in the case are that on 6/2/1996, the accident occurred at 09:00 AM. The driver of the Tractor namely Dana Ram was holding a learning license. Dana Ram went to the office of Transport Department on 6/2/1996 after 10:00 AM. On the application preferred by Dana Ram (driver
A permanent driving license issued after an accident does not retroactively validate driving eligibility, affecting liability under insurance policies.
The central legal point established in the judgment is the impact of the driver's lapsed license on the liability of the Insurance Company in a motor accident claim.
The court ruled that the insurance company must pay compensation despite the driver's alleged lack of a valid license, as the Tribunal's reasoning was found to be erroneous.
Motor Accident Claims - Rash and negligent driving - Without Driving licence - Liability of insurance company – If a driver had a fake driving licence at the time of the accident then the Insurance ....
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
