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JAVED IQBAL WANI
Oriental Insurance Co. Ltd. – Appellant
Versus
Nek Mohd. , S/o. Abdul Mazid – Respondent
ORDER :
1. In the instant appeal, award dated 23.11.2019 (for short “the impugned award”) passed by the Motor Accident Claims Tribunal, Kathua (for short “the Tribunal”) in the claim petition titled as “Nek Mohd Vs. Gulam Abas alias Mohd Abas & Ors.” has been thrown challenge to by the Insurance Company – appellant herein.
2. Facts emanating from the record would reveal that the respondent 1 herein filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for compensation for the injuries sustained by him in a vehicular accident having taken place on 02.09.2011 at Ganeer Bouli near Mahanpur at Dhar Road due to the rash and negligent driving of the driver of the vehicle bearing registration No. JK02H/5789.
In the claim said petition, the claimant/respondent 1 herein besides impleading the driver of the offending vehicle as respondent, also impleaded the owner of the offending vehicle as well as the Insurance Company – appellant herein with whom the offending vehicle was insured on the date of accident.
3. Upon entertaining the claim petition, the Tribunal issued notice to the respondents in response to which the respondents 1 and 2 i.e. the driver and owner of the offendi
An insurance company is not liable to indemnify an owner-driver for injuries sustained due to their own negligence under a standard third-party motor insurance policy, as such policies only cover thi....
The burden of proof regarding a driver's valid licence lies with the vehicle's owner, absolving the Insurance Company from liability if not established.
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.
The central legal point established in the judgment is the interpretation of liability under the Motor Vehicle Act and the Workmen Compensation Act based on driving license, permit conditions, and in....
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
A driver holding a license to drive a light motor vehicle can drive a transport vehicle of the same class without any separate endorsement, as per the settled legal position.
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