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JAVED IQBAL WANI
United India Insurance Co. Ltd. – Appellant
Versus
Abdul Latief, S/o. Ghulam Qadir Wani – Respondent
ORDER :
In all the aforesaid appeals the issues raised by the appellants are akin and analogous to each other, as such, the appeals are being disposed of by this common judgment.
Facts
1. A Motor Vehicle bearing registration No. JK02P/9709 (for short “the offending vehicle”) on its way from Thathri to Gandoh met with an accident on 17.01.2009 resulting into multiple deaths and injuries to the passengers travelling in the said offending vehicle. The offending vehicle was being driven by its driver, namely, Jaffer Hussain and owned by one-Liyakat Ali, being respondents herein.
2. The legal heirs of the dead as well as the injured passengers travelling in the offending vehicle filed claim petitions before the Motor Accident Claims Tribunal, Bhaderwah (for short “the Tribunal”) seeking compensation thereof under and in terms of the provisions of Motor Vehicles Act, 1988 (for short “the Act of 1988”).
3. In the said claim petitions, besides impleading the above named owner and driver of the offending vehicle as respondents therein, the Insurance Company/appellant herein as well came to be impleaded as party respondents owing to the reason that the offending vehicle was insured with it.
4. The
The burden of proof rests with the Insurance Company to establish breaches of the insurance policy and driving license requirements under the Motor Vehicles Act, 1988.
Insurance company is not liable for compensation when driver lacks valid endorsement for hazardous goods transport, reversing Claims Tribunal's decision.
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
The insurer is liable to pay compensation for passengers in a transport vehicle if the insurance policy covers such passengers, regardless of the driver's alleged lack of a valid license.
The court affirmed the validity of the driver's license and ruled that the Insurance Company failed to prove negligence, thus holding it liable for compensation.
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