Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Gautam Kumar Choudhary
Divisional Manager, National Insurance Company Limited – Appellant
Versus
Anita Devi, D/o Late Bachan Sao – Respondent
ORDER :
Gautam Kumar Choudhary, J.
Heard the parties.
1. The Insurance Company is in appeal against the judgment and award of compensation in Compensation Case No. 230 of 2004, whereby and whereunder, a compensation of Rs. 7,15,000/- with interest @ 9% from the date of award has been allowed in favour of the claimants.
2. The facts are not in dispute that the deceased Bachan Sahu died in a motor vehicle accident involving the truck bearing Registration No. BPV-9246 which was under the insurance cover of the appellant Insurance Company.
3. The appeal has been preferred mainly on two counts:
Firstly, the vehicle in question was being plied on a forged and fabricated driving license. The Insurance Company adduced into evidence Ext. A which was a verification report issued under the signature of the D.T.O., Giridih stating that the driving license of the driver of the offending vehicle was not issued from his office. Thus, there was a fundamental breach of terms and conditions of the insurance policy under Section 149 (2) of the Motor Vehicle Act. Second ground on which the judgment is assailed, is the award of Rs.2,25,000/- under conventional head, is not as per the ratio of the Hon’ble Ape
The owner of a vehicle cannot be held liable for a driver's forged license unless collusion is proven, and conventional compensation must align with established legal ratios.
The main legal point established in the judgment is the burden of proof on the insurance company to establish the breach of policy conditions and the liability of the owner of the vehicle.
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 ....
Liability of insurance under Motor Vehicles Act remains unless breach of policy terms is proven; quantum of compensation must reflect proper assessment of income and dependents.
The vehicle owner is not liable to verify the genuineness of a driver's license, and compensation must be computed following established legal principles.
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
