Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicle Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Issue for consideration:After motor vehicle accident, it came to light that the driver of thevehicle had fake driving licence. The High Court opined that thepetitioner-insurance company had neither pleaded nor proved thatthe deceased vehicle owner did not take adequate steps to verifythe genuineness of the driving licence and in the absence of sucha plea on its part, the Tribunal could not have concluded that therewas a breach of the terms and conditions of the insurance policy.Whether order of the High Court justified.Motor Vehicle Act, 1988 – Tempo Vehicle driven in rash andnegligent manner hit motorcycle of the victim – Victim died– Dependents sought compensation – The Tribunal awardedthem compensation and found that the driver of the Tempo hada fake driving licence and opined that the petitioner-insurancecompany would not be liable to pay the compensation –Tribunal awarded liberty to the petitioner-insurance companyto recover the same from owners of the Tempo – However,the High Court held that the petitioner-insurance companydid not have the right to recover the compensation from thevehicle owners – Propriety:Held: The petitioner-insurance company did not raise the pleathat the owner of the vehicle allowed the said driver to drive thevehicle knowing that his licence was fake – Its stand was that theaccident had occurred due to the negligence of the victim himself– Further, the insurance policy did not require the vehicle ownerto undertake verification of the driving licence of the driver of thevehicle by getting the same confirmed with the RTO – Therefore,the claim of the petitioner-insurance company that it has the rightto recover the compensation from the owners of the vehicle, owingto a willful breach of the condition of the insurance policy, viz., toensure that the vehicle was driven by a licenced driver, is withoutpleading and proof – Also, once a seemingly valid driving licenceis produced by a person employed to drive a vehicle, unlesssuch licence is demonstrably fake on the face of it, warrantingany sensible employer to make inquiries as to its genuineness,or when the period of the licence has already expired, or there issome other reason to entertain a genuine doubt as to its validity,the burden is upon the insurance company to prove that therewas a failure on the part of the vehicle owner in carrying out duediligence apropos such driving licence before employing that personto drive the vehicle – Presently, no evidence has been placed onrecord whereby an inference could be drawn that the deceasedvehicle owner ought to have gotten driving licence of the said driververified – Therefore, it was for the petitioner-insurance company toprove willful breach on the part of the said vehicle owner – As nosuch exercise was undertaken, the petitioner-insurance companywould have no right to recover the compensation amount from thepresent owners of the vehicle. [Paras 14 and 15] |
Judge | Hon'ble Mr. Justice Sanjay Kumar |
Neutral Citation | 2023 INSC 954 |
Petitioner | Iffco Tokio General Insurance Co. Ltd. |
Respondent | Geeta Devi And Others |
SCR | [2023] 14 S.C.R. 62 |
Judgement Date | 2023-10-30 |
Case Number | 19992 |
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