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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Sardar Suriender Singh – Appellant
Versus
National Insurance Company Limited – Respondent
| Table of Content |
|---|
| 1. tribunal awards compensation payable by insurer with 50% recovery for fake license. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. petitioner claims recovery only from driver; respondent asserts joint owner-driver liability. (Para 8 , 9 , 10 , 11 , 12) |
| 3. claimants compensated by owner or insurer irrespective of fake driving license. (Para 13 , 14 , 15 , 16 , 17) |
| 4. owner due diligence limits insurer liability but enables recovery from owner. (Para 18 , 19 , 20) |
| 5. cited case inapplicable; executing order upheld, petition dismissed. (Para 21 , 22 , 23 , 24) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has challenged the order passed by the learned Executing Court, in terms whereof, in the execution preferred by the Insurance Company, the Executing Court has ordered as under:-
“As per para No.29 the order of Tribunal, the insurance company has been liberty to recover 50% of the amount paid to the petitioner from the respondents and the reason for this recovery of 50% is given by the Tribunal to be a fake driving licence of respondent No.1 Surinder Singh. Surinder Singh was driving the vehicle of respondent No.1 and shared the relationship of master and servant.
Vehicle owner held jointly liable with driver for insurer's 50% recovery due to fake driving licence, despite owner's due diligence, as tribunal award targeted all respondents.
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 main legal point established in the judgment is the requirement for the Insurance Company to establish wilful breach on the part of the insured and the entitlement to recover the awarded amount f....
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....
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....
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....
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