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MANJARI NEHRU KAUL
Mahal Singh – Appellant
Versus
Satish – Respondent
JUDGMENT
Manjari Nehru Kaul, J. (Oral) - The owner of the offending vehicle i.e. truck bearing registration No.HR-55A-2577 is in appeal before this Court to challenge recovery rights given to respondent No.3-insurance company with respect to the compensation awarded to the claimants vide award dated 06.05.2019 by learned Motor Accidents Claims Tribunal, Gurugram (for short, 'the Tribunal') on account of the injuries sustained by claimant Satish in a Motor Vehicular Accident which took place on 08.04.2010.
2. Learned counsel appearing for the appellant-owner argued that the Tribunal had in fact committed patent illegality in granting recovery rights to respondent No.3-insurance company by failing to appreciate that the alleged driving licence verification report (Ex.R2) had not even been proved in accordance with law as none of the officials of the Licensing Authority had been examined. It was still further argued that the Tribunal had gravely erred in observing that the appellant-owner while stepping into the witness box chose to remain completely silent and did not utter a single word with respect to the report (Ex.R2). While inviting the attention of this Court to the evidence, par
The verification report of the driving licence must be proved in accordance with the provisions of law, and the insurance company's liability to indemnify the insured is contingent upon the owner's a....
The court held that ownership does not absolve liability without evidence proving knowledge of the driver's invalid license.
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....
When a material document affecting the liability of parties is introduced at the appellate stage, the court may remand the matter to the tribunal for fresh adjudication to ensure the validity of the ....
The judgment established that the owner's satisfaction with the driver's competence does not absolve the insurance company from liability unless it can prove that the owner was aware of the fake lice....
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