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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
Cholamandalam MS General Insurance Co. Ltd. – Appellant
Versus
K.Dineshkumar, S/o.Karthikeyan – Respondent
| Table of Content |
|---|
| 1. introduction to case and context. (Para 1 , 2) |
| 2. details of the accident and injury claims. (Para 3) |
| 3. responses from parties involved. (Para 4 , 5) |
| 4. arguments put forth by the insurance company. (Para 9 , 10) |
| 5. analysis of negligence and liability. (Para 11 , 12 , 13) |
| 6. discussion on proof of driving license validity. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 7. comparison with previous case law. (Para 21 , 22) |
| 8. summary of compensation awarded. (Para 23) |
| 9. conclusion and order provided by the court. (Para 24 , 25) |
JUDGMENT :
R.Sakthivel, J.
Feeling aggrieved by the Award dated June 23, 2025 passed by 'the Motor Accidents Claims Tribunal, Special Court No.II, Court of Small Causes, Chennai' ['Tribunal' for short] in M.C.O.P. No.2322 of 2018, the second respondent therein / insurance company, has preferred this Civil Miscellaneous Appeal.
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Petition.
PETITIONER'S CASE
3. On July 22, 2017, at about 00:30 hours, the petitioner - K.Dinesh Kumar was travelling as a pillion rider in a motorcycle bearing Registration No.TN-20-BM-7106. The motorcycle was travelling near
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 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 insurer must prove that the insured's breach of policy conditions is willful to avoid liability, even if the driver holds a fake license.
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