Page 347 - Motor Insurance Ebook IC 72

Guide for Motor Insurance

1988) but it was held in New India Vs. lakhi Ram (1988)
that where the mechanic who caused an accident but
did not have a valid DL, insurers not liable.

The owner would be liable for payment of
compensation in a case when the driver was not having
a valid licence. It was obligatory on the part of the
owner to take adequate care to see that the driver
held an appropriate licence to drive the vehicle (SC
2006 National Ins. Co. Ltd. Vs. Kusum Rai).

Driver not having valid licence for the vehicle on the
date of accident: Licence had expired 8 months
before the date of accident-liability to pay
compensation whether on the insurance company or
the insured? Held: the renewal application no having
been filed till the date of accident, the driver cannot
be said to have been holding valid licence-hence
insured liable to pay the compensation and not the
insurance Company (SC 2000 Ishwardaas Vs.
Oriental Ins. Co. Ltd.)

Driver having licence to drive Light Motor Vehicle was
driving a good vehicle at the time of accident. Held it is
not a valid and effective Driving License (SC 2008-
Oriental Ins. Co. Ltd. Vs. Aagad Kol).

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