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ANIL KUMAR CHOUDHARY
Gopal Prasad Keshri, Son of Hari Prasad Keshri – Appellant
Versus
Koshilya Devi, Wife of Late Sudama Sao – Respondent
JUDGMENT :
Heard the parties.
2. Perusal of the record reveals that though, the notice has validly been served upon the Respondent nos.1 to 6 but no one turns up on behalf of the respondent nos.1 to 6. Though the respondent no.8 has appeared in this appeal through his advocate but no one turns up on behalf of the respondent no.8 at the time of hearing the appeal, in spite of repeated calls. Therefore, this appeal is being heard ex-parte in respect of respondent nos.1 to 6 and 8.
3. This appeal has been preferred against the award dated 23.06.2010 passed by the learned 1st Addl. MACT, Giridih passed in Claim Case No.38 of 2004 whereby and whereunder, learned 1st Addl. MACT, Giridih has passed the award directing the opposite party no.3 before the MACT being National Insurance Company Limited which is respondent no.7 herein this appeal to pay the sum of Rs.3,10,600/- by way of compensation to the dependents of the deceased victim in the motor vehicle accident but held that since, there was no valid and effective driving licence of the Bijay Kant Thakur, the driver of the vehicle which was involved in the said motor vehicle accident and the appellant herein, who is opposite party no.1 of
The validity of the driving license and the failure to produce it were central to the court's decision in setting aside the grant of recovery rights to the insurance company and holding the appellant....
The court ruled that a valid driving license existed despite non-production at trial, yet affirmed the obligation to produce it, imposing costs for non-compliance.
The insurance company is liable to pay compensation but can recover the amount from the owner of the vehicle due to the driver's invalid driving license.
The court established that the initial burden of proof regarding the validity of a driving license lies with the driver and owner, and applied the 'pay and recover' doctrine for compensation liabilit....
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....
The Insurance Company may initially pay compensation to third-party claimants despite the driver lacking a valid license, with a right to recover from the vehicle's owner.
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 ....
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