Lawstreet Journal

Reasonable Care Should be Taken by Employer to See That License of Employee is Renewed: SC [READ JUDGMENT]

Lawstreet Journal 27 Sep 2020 10:30pm

Image courtesy: Lawstreet Journal Judiciary Reasonable Care Should be Taken by Employer to See That License of Employee is Renewed: SC [READ JUDGMENT]

While hearing the case of Beli Ram V. Rajender Kumar & Anr., a Supreme Court bench comprising of Justices Sanjay Kishan Kaul, Justice Aniruddha Bose, and Justice Krishna Murari observed that whenever an employer employs a driver, he has to take reasonable care to see that his employee gets his driving license renewed within time. The court also observed that if the driver doesn’t renew his license, the insurance employee cannot be held liable unless it is proved by the owner that either he checked the license or he gave orders to his drivers to renew his license on expiry. 

In the instant case, Beli Ram hired Rajinder Kumar as a driver and Rajider met with an accident while driving a truck that belonged to Beli Ram. Rajinder filed a petition under Workmen’s Compensation Act, 1923. The commissioner passed an award directing the insurance to pay Rs 94,464/- for injuries suffered and Rs 67,313/- for medical expenses. Interest was directed to be paid by the employer. When appealed in High Court, the HC released the insurance company from any liability considering that there was a material breach of insurance policy inasmuch as the driver/claimant’s driving license had expired at the relevant time. 

When the case reached Supreme Court, the only question Supreme Court had before it was that whether in case of a valid driving license, if the license has expired, the insured is absolved of its liability or not?

Taking the case of Swaran Singh into consideration where the license was not… Continue Reading...

Tagged: Delhi Traffic Police   Supreme Court of India  
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