Driving Licences - Motor Accident Compensation Cases - Apex court held that an Insurance Company in order to succeed in its defence pleas touching the driving licence issues must: a) Firstly establish that the insured was guilty of negligence and failed to exercise reasonable care in the matter of fulfilling the condition of the policy regarding use of vehicle by a duly licensed driver or one who was not disqualified to drive at the relevant time. b) Secondly, the breach which was committed by the insured was so fundamental as is found to have contributed to the cause of the accident.Even upon establishing the above conditions by the Insurance Company, the Tribunal can direct that the insurer is liable to be reimbursed by the insured for the compensation and other amounts which it has been compelled to pay to the third party under the award of the Tribunal.- 2015 S.C.(2004)msklawreports

Apex Court while dealing with wide spectrum of
defence pleas of Insurance Companies basing on the deficiencies in driving
licences.held that
 Such deficiencies are:
a)      Fake driving licenses of the driver.
b)      Driver not having licence whatsoever.
c)      No renewal of driving licence as on the date of accident.
d)      License granted for one class or description of vehicle but vehicle
involved in accident was of different class or description.
e)      Driver holding only a learners licence.
    The Apex Court after discussing various issues involved in this regard,
held that an Insurance Company in order to succeed in its defence pleas
touching the driving licence issues must:
a)      Firstly establish that the insured was guilty of negligence and
failed to exercise reasonable care in the matter of fulfilling the
condition of the policy regarding use of vehicle by a duly licensed
driver or one who was not disqualified to drive at the relevant
time.
b)      Secondly, the breach which was committed by the insured was so
fundamental as is found to have contributed to the cause of the
accident.

Even upon establishing the above conditions by the Insurance Company, the
Tribunal can direct that the insurer is liable to be reimbursed by the insured
for the compensation and other amounts which it has been compelled to pay
to the third party under the award of the Tribunal.- 2015 S.C.(2004)msklawreports

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