Lawstreet Journal

Insurer Will Not Be Discharged of his Liability for Fake or Invalid Driving License: Says J&K HC [READ JUDGMENT]

Lawstreet Journal 9 Sep 2020 10:13pm

Image courtesy: Lawstreet Journal Judiciary Insurer Will Not Be Discharged of his Liability for Fake or Invalid Driving License: Says J&K HC [READ JUDGMENT]

On 28th April, Motor Accident Claims Tribunal, Jammu passed a judgment in a claim petition wherein it ordered the National Insurance Company to pay Rs. 88,045/- along with pendente lite and future interest @ 7.5% per annum to the claimant for the injuries suffered by him in a motor vehicle accident caused due to rash and negligent driving of the offending vehicle by its driver. 

The judgment was passed on a claim petition in which it was stated that on 12.02.2013 at about 6.30 pm, near Nai Balla Camp, a motor vehicle (Nano Car) being driven by its driver herein in a rash and negligent manner, hit a scooter and caused the accident. 

As a result of the accident, the claimant, who was traveling on the scooter being a pillion rider, was seriously injured and rendered permanently disabled to the extent of 5% and hence claimed compensation for the injuries sustained and disability suffered in the accident. 

Challenging this judgment, the NICL filed an appeal in J&K High Court primarily on the ground that the driver was not holding a valid effective driving license at the time of the incident. Therefore, the insurance company is not liable to indemnify the insured. 

Mr. Sanjay Dhar, learned counsel for the insurer, submitted that the insurer discharged its onus of proof of by leading cogent evidence and once it was proved that the license was fake, the insurer was absolved of its liability to indemnify the insured. It was further submitted that the Tribunal, after recording a… Continue Reading...

Tagged: jammu and kashmir   Jammu & Kashmir  
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