Back
SUBHASH CHAND
National Insurance Company Limited – Appellant
Versus
Munaka Devi – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE SUBHASH CHAND
The instant Misc. Appeal has been directed against the award dated 25.07.2009 passed in Compensation Case No.29 of 2005 by the learned Addl. District Judge-cum-Motor Vehicle Accident Claim Tribunal, West Singhbhum at Chaibasa whereby the learned Tribunal had ordered the amount of Rs.3,40,500/- as a compensation awarded to the claimant No.1 which was to be paid by the O.P.No.3- the National Insurance Co. Ltd., Chaibasa with interest thereon 6% p.a. from the date of filing the application till realization of the said amount.
2. The instant appeal has been directed by the Insurance Company against the impugned award aggrieved from the liability which has been fastened upon Insurance Company to pay the amount of compensation in the award on the grounds that though in the written statement the owner of the vehicle had taken this plea that the offending vehicle was insured by the Appellant-Insurance Company and it was being driven with a valid registration certificate and driving licence yet on behalf of the owner or driver of the vehicle no driving licence of the offending vehicle was produced and the learned Tribunal had shifted the burden of p
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 regarding the driver's valid license lies with the vehicle owner, not the Insurance Company, which cannot be held liable without such evidence.
Insurance companies cannot evade liability for third-party claims solely due to a driver’s lack of valid license; they must prove the owner's negligence to avoid statutory obligations.
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 insurer must prove that the insured's breach of policy conditions is willful to avoid liability, even if the driver holds a fake license.
The insurance company must prove any breach of policy conditions to avoid liability for compensation claims.
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
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
