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Showing posts with label driving licence. Show all posts
Showing posts with label driving licence. Show all posts
Sunday, 18 May 2025

Bombay HC: Under which circumstances insurance company is liable to pay and recover compensation granted under motor vehicle claim petition?

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To prove the defence that the driver of offending vehicle was not holding effective and valid driving licence at the time of accident, the a...

Delhi HC: Whether claimant is entitled to get compensation for motor accident if he has failed to prove that he had valid driving license at the time of accident?

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The doctrine of Res ipsa loquitur, in the instant appeal, initially onus lies on the Claimant that he was permitted to drive the motorcycle ...
Saturday, 8 February 2025

Supreme Court: Whether MACT can held insurance company liable to pay compensation if vehicle owner failed to prove that driver of vehicle was having valid driving license at the time of accident?

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   The question is: whether the fact that the offending vehicle bearing No. DIL-5955 was duly insured by Respondent No. 2 Insurance Company ...
Saturday, 14 September 2024

Supreme Court: If the driver of the offending vehicle does not possess a valid driving license, the principle of 'pay and recover' can be ordered

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 On the issue of liability to pay the compensation awarded, we affirm the view taken by the High Court that the Respondent - Insurance Compa...
Thursday, 25 April 2024

Whether insurance company can refuse to pay compensation if owner of vehicle has not checked authenticity of driving license of driver of vehicle?

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 This Court in National Insurance Co. Ltd. [National Insurance Co. Ltd. v. Swaran Singh MANU/SC/0021/2004 : (2004) 3 SCC 297 : 2004 SCC (Cri...
Saturday, 19 February 2022

Whether the insurance company can pay and recover compensation from the offending vehicle owner if the vehicle driver had no driving license on the date of the incident?

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  In Parminder Singh vs. New India Assurance Company Ltd. & Ors.2019 SAR (Civil) 795, the Hon'ble Apex Court has held as under : “7....
Saturday, 14 April 2018

Whether a person can be held guilty for contributory negligence if he drives vehicle without driving license?

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  If a person drives a vehicle without a licence, he commits an offence. The same, by itself, in our opinion, may not lead to a finding ...
Friday, 12 May 2017

Whether accident claim can be rejected on ground that driving license was not bearing "PSV" endorsement?

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A Division Bench of the High Court of Jammu and Kashmir at Srinagar, of which I (Justice Mansoor Ahmad Mir, Chief Justice) was a member,...
Sunday, 19 March 2017

When burden of proof is on insurance company to prove that driver was not having valid licence in motor accident claim petition?

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 As regards the investigation report of the search conducted by the said Bharadwaj and Company, no such certificate issued by the R.T.O....
Thursday, 7 April 2016

Whether claimant can be denied compensation under motor accident if driving license of driver was fake?

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 In authority National Insurance Company Limited v. Geeta Bhat & Ors. MANU/SC/7390/2008 : 2008 (3) R.C.R. (Civil) page 44, the Hon...
Sunday, 7 February 2016

Whether it is necessary for existing drivers to take training for renewal of driving licence?

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From reading of the above observation/direction of the Hon'ble Apex Court, we find the observation/direction contained in paragraph-1...