Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Fatal Accident Motor Vehicles Act Insurance Claim |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 – s.149(2)(a)(ii) – Fatal accident – Insurance claim – Repudiation of claim on the ground that driver did not possess proper driving licence at the time of accident which amounted to breach of conditions under s.149(2)(a) – Plea of insurance company that the driving licence purported to have been issued by the licencing authority, Sheikh Sarai, Delhi could not be verified as the concerned officer of the licencing authority deposed that the record of the licence was not available with them – Held: While hiring a driver, an employer is expected to verify if the driver has a driving licence – If the driver produces a licence which on the face of it looks genuine, the employer is not expected to further investigate into the authenticity of the licence unless there is a cause to believe otherwise – If the employer finds the driver to be competent to drive the vehicle and has satisfied himself that the driver has a driving licence, there would be no breach of s.149(2)(a)(ii) and the Insurance Company would be liable under the policy – It would be unreasonable to place a high onus on the insured to make enquiries with RTOs all over the country to ascertain the veracity of the driving licence – If, however, Insurance Company is able to prove that the owner/insured was aware or had notice that the licence was fake or invalid and still permitted the person to drive, the insurance company would no longer continue to be liable – In the instant case, complainant employed the driver after checking his driving licence – It was not the contention of the Insurance Company that the complainant is guilty of wilful negligence while employing the driver – The driver had been driving competently and there was no reason for the complainant to doubt the veracity of the driver’s licence – Insurance company is liable to indemnify the appellant- owner of vehicle. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2020 INSC 263 |
Petitioner | Nirmala Kothari |
Respondent | United India Insurance Co. Ltd. |
SCR | [2020] 3 S.C.R. 1189 |
Judgement Date | 2020-03-04 |
Case Number | 1999 |
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