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

 In authority National Insurance Company Limited v. Geeta Bhat & Ors. MANU/SC/7390/2008 : 2008 (3) R.C.R. (Civil) page 44, the Hon'ble Apex Court has held that owner of the vehicle despite taking reasonable care might have not been able to find out as to whether the licence was fake one or not. It has been further stated that owner is not expected to verify the genuineness thereof from the Transport authorities. The Hon'ble Apex Court in authority In authority United India Insurance Co. Ltd. v. Lehru and Ors. case (supra), the Hon'ble Apex Court has held as under:--

"20. When an owner is hiring a driver he will therefore have to check whether the driver has a driving licence. If the driver produces a driving licence which on the face of its looks genuine, the owner is not expected to find out whether the licence has in fact been issued by a competent authority or not. The owner would then take the test of the driver. If he finds that the driver is competence to drive the vehicle, he will hire the driver. We find it rather strange that Insurance companies expect owners to make enquires with RTO's, which are spread all over the country, whether the driving licence shown to them is valid or not. Thus where the owner has satisfied himself that the driver has a licence and is driving competently there would be no breach of section 149(2)(a)(ii). The Insurance Company would not then be absolved of liability. If it ultimately turns out that the licence was fake the Insurance Company would continue to remain liable unless they prove that the owner/insured was aware or had noticed that the licence was fake and still permitted that person to drive. More importantly even in such a case the Insurance Company would remain liable to the innocent third party, but it may be able to recover from the Insured. Thus is the law which had been laid down in Skandia's, Sohan Lal Passi's and Kamla's case. We are in full agreement with the views expressed therein and see no reason to take a different view."

20. The Tribunal has not gone into this aspect that Insurance Company has failed to prove the fact that there was willful default on the part of the appellant. The expectation from the owner is not that he/she should verify the validity of the licence from licensing Authority. Each case has to be decided on its on peculiar facts and circumstances. In the present case, appellant has employed the driver after taking his driving test and after going through the driving licence. Various renewal endorsements were found to be valid. So, I have no hesitation in holding that the Insurance Company has failed to prove that there was willful default on the part of the appellant and consequently the finding on issue No. 4 stands reversed and it is held that Insurance Company has failed to prove this issue and the same stands decided against the Insurance Company and in favour of the appellant.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO Nos. 856 of 2013 (O&M) and 1108 of 2013

Decided On: 15.07.2015

 Parveen Chawla and Ors.  Vs. Shakuntla Rani and Ors.

Coram:Karam Chand Puri, J.

 Citation: 2016ACJ535, 2016(1)ALLMR80, 2016(1)RCR(Civil)187

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

From reading of the above observation/direction of the Hon'ble Apex Court, we find the observation/direction contained in paragraph-13(f), no where prescribes imposition of further training to the existing drivers before considering their renewal application as contemplated in both the Circulars. Similarly, observation/direction whatever contained in paragraph-14.9 of the said judgment recommends for refresher training course for heavy vehicle drives to acquaint the drivers with the rules to be followed while using road.

Orissa High Court

Bipin Bihari Sahu vs State Of Odisha And Another on 9 September, 2015

Author: D.H.Waghela

        HIGH COURT OF ORISSA : CUTTACK

        W.P.(C) No.13239 of 2015

Citation;AIR 2016 Orissa 5

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