NATIONAL INSURANCE CORPORATION LTD. versus KANTI DEVI AND ORS.

NATIONAL INSURANCE CORPORATION LTD. versus KANTI DEVI AND ORS.

The insurer may take the defence that the driver did not have the requisite driving licence, and must prove the insured did not adequately verify the genuineness of the licence. Decision in Swaran Singh's case applies. Matter remitted to Tribunal for fresh consideration based on this principle.

Parties
Appellant: National Insurance Corporation Ltd.; Respondent Claimant: Kanti Devi; Respondent Driver: Rohani Prasad; Respondent Insured/owner: Devender Kumar
Jurisdiction
India
Judgment Date
09 May 2005
Procedural Posture
Civil Appeal / Appeal Disposed Of; Matter Remitted to Tribunal
Outcome
Appeal disposed of; matter remitted to Tribunal for fresh consideration
Legal Topics
Motor Accident Compensation, Driving Licence Validity, Liability of Insurer, Right to Recover From Insured
Motor Vehicles Law Insurance Law Tort Law Motor Accident Compensation Driving Licence Validity Liability of Insurer Right to Recover From Insured

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Parties

National Insurance Corporation Ltd.

Appellant

Kanti Devi

Respondent Claimant

Rohani Prasad

Respondent Driver

Devender Kumar

Respondent Insured/owner

Procedural Posture

Civil Appeal / Appeal Disposed Of; Matter Remitted to Tribunal

Legal Issues

  1. 1 Whether insurer can avoid liability for compensation if driver lacks valid licence for vehicle type
  2. 2 Whether insurer must prove insured failed to verify genuineness of the driving licence

Ratio Decidendi

The insurer may take the defence that the driver did not have the requisite driving licence, and must prove the insured did not adequately verify the genuineness of the licence. Decision in Swaran Singh's case applies. Matter remitted to Tribunal for fresh consideration based on this principle.

Court Disposition

Appeal disposed of; matter remitted to Tribunal for fresh consideration

Orders

  • Matter remitted to Motor Accident Claim Tribunal for fresh consideration in light of Supreme Court's decision in Swaran Singh's case.
  • Tribunal to permit further evidence and decide within six months.