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Supreme Court Of India on Vehicle Diving licence

Article Abstract by: ashok priyadarshi     

Original Author: ASHOK PRIYADARSHI
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Supreme Court Of India
on Vehicle Diving licence
                                                                BY ASHOK PRIYADARSHI
DRIVING LICENCE
1.   The question of licence only comes into play, when there is an accident Jitendra Kumar Vs. Oriental Insurance Company (2003) 6 SCC 420.
 
2.    The driver holding a learner’s licence: - Even if the driver the vehicle was driven by a person having a learner licence the Insurance Company will be liable to satisfy the award.
No Driving licence :- The person driving the vehicle without licence is liable for prosecution under section 181 of the Motor Vehicles Act, 1988 and if the licence has lapsed the law it self gives a grace of 30 days for renewal it will treated that the driver was having a driving licence.
·        Vehicle driven at the time of accident was of a different class:-  If the driver has been given a licence to drive a particular type of a vehicle i.e. light motor vehicle he can drive all types of light motor vehicle. National Insurance Company Vs. Swaran Singh AIR 2004 SCW 663 
3.      A fake driving licence cannot be transformed as a genuine licence even if it has been renewed. New India Assurance Company vs. Kamla 2001 AIR SCW 1340: , National Insurance Company Vs. Laxmi Narain Dhut 2007 AIRSCW 2279 :   
4.      The burden of proof that the driver of the vehicle meeting with accident did not have a proper licence lies with the Insurance Company challenging the same.  and the same has to be established on the facts of the case Ishwar Chandra & others Vs The Oriental Insurance Company& others 2007 AIR SCW 1889
 
5.      It becomes immaterial as to whether the driver was having a valid Driving Licence or not if the deceased was the driver of the vehicle in question and was a workman Oriental Insurance Company vs. Smt. Manjeet Kaur Devi  2000 (4) PLJR 225
6.   Liability of the Insurance Company cannot be taken away even though the vehicle was not driven by a proper licensed persons as the liability will be of the owner and the owner is insured by the Insurance Company thus both liable. SOHAN LAL PASSI VS. P. SESH REDDY (1996) 5 SCC 21:
 
7.      Merely showing that the driver did not have a driving licence is not sufficient for the Insurance Company to discard its liability . United India Insurance Company Vs. Lehru (2003) 3 SCC 338.
 
8.      Vehicle damaged due to accidental fire , the Insurance Company repudiated the claim on the ground that the driver did not have a valid driving licence at the time of the incidence. Section 149(2) of the Motor Vehicles Act, 1988 doesnot empower the Insurance Company to repudiate the claim .Jitendra Kumar Vs. Oriental Insurance Company (2003) 6 SCC 420
 
9.  In the finding of fact it is found that the that the insured had given the vehicle for driving to an unlicensed driver, the Insurance Company gets exonerated of its liabilities United India Insurance Company vs. Gain Chand & others (1997) 7 SCC 558: AIR 1997 SC 3824
10 Light Motor Vehicle Diving licence issued under form 6, is effective and valid licence to drive such vehicle. .Ashok Gangadhar Maratha Vs. Oriental Insurance Company (1999) 6 SCC 620
11.  Production of a photocopy of a driving licence doesnot prove that the driver had a valid driving licence United India Insurance Co. Ltd. Vs. Anbari and others 2000 ACJ 469
 
12.  A person having a valid driving licence to drive a particular category of vehicle (Tractor) does not become disabled to drive that vehicle merely because a trailer is added to it. This is in case of a tractor. Nagasetty Vs. United India Insurance Company AIR 2001 SC 3364
13.  The word effective in the expression “Effective Driving Licence” in section 3 of Motor Vehicles Act, 1988 means a valid licence both as regards the period and type of vehicle Ashok Gangadhar Maratha Vs. Oriental Insurance Company (1999) 6 SCC 620 :
14.  The licence if expired but not renewed within the stipulated period and the accident has occurred after the lapse of driving licence  and the driver not having a driving licence at the time of accident the Insurance Company is not liable to pay the claim Malla Prakashroa vs. Malla Janaki and Others (2004) 3 SCC 343  
 
15.  Driver of a commercial Vehicle not holding the licence to drive commercial vehicle i.e valid licence Insurance Company not liable to pay the claimed amount  National Insurance Company Vs. Kusum Rai  (2006) 4 SCC 250
 
16.  if the owner of the vehicle has satisfied himself that the driver had a licence and was driving competently there is no breach of section 149 (2) (a) (ii) of the Motor Vehicle''s Act, 1988 and the Insurance Company liable to pay the compensation. Lal Chand Vs. Oriental Insurance Company 2006 AIR SCW 4832 : (2006) 7 SCC 318
Published: July 25, 2007
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