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ALKA SARIN
Rekha Rawat – Appellant
Versus
Balwinder Singh – Respondent
JUDGMENT
Alka Sarin, J. (Oral)
By this common order, the above-captioned two appeals are being disposed off.
FAO No.2844 of 2013
2. The present appeal has been preferred by the Insurance Company aggrieved by the fact that the recovery rights have not been given to it.
3. Learned counsel for the Insurance Company would contend that the only grievance of the appellant-Insurance Company is that the recovery rights have not been given to the appellant-Insurance Company, which ought to have been given in view of the fact that the driver of the offending vehicle was holding two driving licences.
4. None has put in appearance on behalf of the owner and driver of the offending vehicle and they are accordingly proceeded against exparte.
5. Heard.
6. In the present case, the driver of the offending vehicle was holding two driving licenses. The argument of learned counsel for the appellant-Insurance Company that the driver cannot hold two driving licenses and hence the Insurance Company cannot be held liable deserves to be rejected. In case of United India Insurance Company Limited v. Raj Rani [1996 (2) PLR 495], a Division Bench of this Court held as under :
The court upheld that failure to prove the invalidity of a driver's license imposes compensation liability on the insurer, reiterating principles for calculating dependency and future prospects in wr....
The main legal point established is the importance of verifying the validity of a driving license and considering evidence of income and future prospects in determining compensation in road accident ....
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
The main legal point established in the judgment is the application of legal provisions under the Motor Vehicles Act, particularly Sections 165, 166, 149, 2(21), and 2(47), in determining the compens....
Insurer liable despite fake driving licence unless owner knowingly permitted unlicensed driver; compensation: 40% future prospects for self-employed youth, 50% bachelor personal expenses deduction, m....
A learner's licence is valid under the Motor Vehicles Act, and the Insurance Company failed to prove breach of policy conditions, leading to a revised compensation amount.
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