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VIVEK AGARWAL
NEW INDIA ASSURANCE, DAMOH – Appellant
Versus
NANDINI d/o GANESH KORI – Respondent
ORDER : – This appeal is filed by the appellant under section 173(1) of the Motor Vehicles Act, 1988, being aggrieved of award dated 29-1-2021, passed by II Addl. Motor Accident Claims Tribunal, Hata, District Damoh (M. P.), in M.A.C.C. No. 06/2019, on the ground that accident took place on 9-10-2018, when he was hit by a motorcycle bearing registration No. MP-34-MB/8134, driven by the respondent No. 3, herein, Mohd. Murad Beg, son of Mohd. Abid Beg and owned by Shri Dharmendra Kumar Rai, son of Shri Daulat Rai, on the ground that driver of the said motorcycle Mohd. Murad Beg, was having a driving licence to drive a Light Motor Vehicle, Non Transport, and was not authorised to drive a motorcycle with gear and, therefore, there being no licence to drive a motorcycle, Insurance Company should have been exonerated.
2. Reliance is placed on Ex.D/2, so also the evidence of Shri Sanjay Rathore, Assistant Grade-II, who was examined from the office of District Transport Office, Damoh, who categorically mentioned that driving licence issued in favour of Mohd. Murad Beg, bearing registration No. MP-34-R-2007-0014601, was issued from his office and was effective from 19-12-2001 to 10-5-2019 t
The central legal point established in the judgment is that the liability of the Insurance Company is determined by the validity of the driver's licence and the specific authorization to drive the ty....
The court reaffirmed that the burden of proof lies with the Insurance Company to demonstrate the absence of a valid driving license, and emphasized the legislative intent to provide compensation to v....
The insurance company is not liable for compensation as the driver lacked a valid motorcycle license, necessitating a specific license for each vehicle class.
Insurance companies may be liable to indemnify third-party claims even if the driver lacked a valid license, based on principles of social security and judicial precedents.
In the absence of credible evidence, the insurance company is liable to pay compensation for the violation of policy conditions.
Point of Law : Motor Accident claim - Insurance company is entitled to take a defence that the offending vehicle was driven by an unauthorised person or the person driving the vehicle did not have a ....
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