This is a case of a Motor Vehicle Accident Claims Tribunal were the court allowed and awarded the compensation on the death of the victim but absolved the Insurance Company as the driver was holding a fake license. The limited grievance of the owner of the vehicle in this case is about unjustly absolving the insurer merely on the ground that the driving license of the driver was fake.
In this case Sanoj Kumar died in an accident when he was going for his morning walk. The driver of the car while driving the vehicle in a high speed and in rash and negligent manner hit the deceased from behind. The Tribunal partly allowed the claim and awarded compensation of Rs.6,27,000/-but set free the insurer (Oriental Insurance Company Ltd.)from the obligation on the basis that the driver was not having a valid diving license. The Tribunal, however, directed the insurer to pay the compensation with liberty to recover the same from the owner of the vehicle and the driver jointly and severally.
The owner of the vehicle filed an appeal stating that in the absence of a clear finding that the owner of the vehicle was aware about the fact that the driver is holding a fake license and despite that he made no attempt to take any corrective measures, including verifying the genuineness of the license. Hence in the absence of such a finding, the insurer cannot be straightaway absolved.
The insurer with the help of evidences such as investigation report, verification report and photocopy of the driving license, succeeded in proving that the license of the driver was fake. It was observed by the court that if the owner was aware of the fact that the license was fake and still permitted the driver to drive the vehicle, then the insurer would stand absolved.
However, the mere fact that the driving license is fake, would not absolve the insurer. The court deemed it appropriate to assign the parties before the High Court for fresh consideration of the appeal filed by the owner only on the question of liability of the owner or of the insurer to pay the compensation amount.
Monnishaa Mahajan, Principal Attorney at Legal Help NRI. Monnishaa has an experience of more than 15 years in assisting and advising NRI's in resolving their disputes in India.