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SUBHASH CHAND
National Insurance Co. Ltd. – Appellant
Versus
Shaibun Nisha, wife of Md. Sagar Ansari – Respondent
JUDGMENT :
Subhash Chand, J.
1. The instant Miscellaneous Appeal has been preferred against the award dated 13.03.2018 passed by the learned District Judge-VIII-cum- Motor Vehicle Accident Claims Tribunal-VIII, Giridih in M.V. Claim Case No.64 of 2014, whereby the learned Tribunal has directed the appellant- Insurance Company to pay the compensation amount of Rs.6,63,000/- to the claimants with interest @ 9% per annum from the date of filing of the claim application till the realization of the amount of compensation.
2. The brief facts leading to this miscellaneous appeal are that the deceased who was mason by profession was going on 13.05.2014 at 08:00 am to Jamua from his house for work by Tempo bearing registration No.JH-11J-5779, it was driven by its driver rashly and negligently, who turned turtle and the deceased had fallen from the Tempo and received injuries and succumbed to the injuries at the spot. The deceased after his death, left the claimants as legal heirs. The FIR of this case was registered with the police station concerned and the charge-sheet was also filed against the driver of the Tempo. In this way, the compensation was claimed.
3. On behalf of the opposite party
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.
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 onus of proof regarding the validity of the driving license and authorization to drive the vehicle remains with the insurance company, and the violation of insurance policy terms cannot be presum....
Insurance companies must prove driver's lack of valid driving licence to avoid liability. Adverse inference against the owner applies for non-production of licence details.
The main legal point established in the judgment is the liability of the insurance company to pay compensation for accidents involving vehicles insured by them, and the right of the insurance company....
The Insurance Company must prove the owner's knowledge of the driver's unlicensed status to escape liability; mere allegations are insufficient.
Insurance companies cannot deny liability to compensate vehicle owners when premiums for personal accident coverage have been collected.
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.
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