Expiry of driving license -- Injury to driver -- Liability of owner – Once the basic care of verifying the driving licence has to be taken by the employer, though a detailed enquiry may not be necessary, the owner of the vehicle would know the validity of the driving licence as is set out in the licence itself -- Appellant-owner showed gross negligence in verifying the same -- Appellant has to, thus, bear responsibility and consequent liability of permitting the driver to drive with an expired licence over a period of three years.

(SC) Decided on: 23.09.2020

Compensation in motor vehicle accident case -- Driving license to minor -- Driving license issued to less than 18 years of age in contravention of the provisions of Section 4 of M.V. Act, 1988 – Driving licence was renewed for the first time only after the accident had taken place – License was invalid at the time of its issuance -- Renewal is of no consequence – Driver is son of the owner – It cannot said that appellant-father was not in knowledge about the fact that his son obtained driving licence when he was underage -- Insurer discharged his burden by establishing that appellants intentionally committed breach of insurance policy – Recovery rights given by Tribunal to Insurance company – Appeal by owner/driver dismissed.

(P&H HC) Decided on: 29.06.2020

Driving licence from Nagaland -- Driver of offending vehicle resident of Amritsar – Insurance company did not call upon driver of the vehicle to appear in the witness box to explain the circumstances under which he obtained licence from an authority in Nagaland – Held, insurance company cannot be heard to say that he was either not resident of Nagaland or could not obtain a licence from an authority at Kohima.

(P&H HC) Decided on: 26.09.2019

Driving licence from Nagaland not on smart card – No witness from Licensing authority examined – Notification by the State of Nagaland that such like licences would be deemed to be cancelled unless obtained in smart card – Held, that fact ipso facto does not prove that the driver was not duly licensed for the purpose of Motor Vehicles Act, 1988.

(P&H HC) Decided on: 06.09.2019

Validity of license -- Onus to prove – Onus to prove that the driving licence was not valid on the day of accident or there was a breach of terms and conditions of the insurance policy, is on the insurer.

(P&H HC) Decided on:06.05.2019

Non-pleadings the name of driver in written statement – Effect of -- Without disclosing the name of the driver in the Written Statement or producing any evidence to substantiate the fact that the copy of the driving licence produced in support was of a person who, in fact, was authorised to drive the offending vehicle at the relevant time, the owner of the vehicle cannot be said to have extricated himself from his liability -- Insurance Company would become liable only after such foundational facts are pleaded and proved by the owner of the offending vehicle -- To subserve the ends of justice, the insurer shall pay the claim amount awarded by the Tribunal to the appellants in the first instance, with liberty to recover the same from the owner of the vehicle in accordance with law.

(SC) Decided on : 19.01.2018

Onus of proof -- Onus would shift on the Insurance Company only after the owner of the offending vehicle pleads and proves the basic facts within his knowledge that the driver of the offending vehicle was authorised by him to drive the vehicle and was having a valid driving licence at the relevant time.

(SC) Decided on : 19.01.2018

Duty of owner – Owner/RW3 made a categoric statement that he had seen the driving licence of driver before he was appointed – He has stated that 90 people were working for him and regular accounts were maintained by them and they had also taken the driving test of the driver before his engagement – Held, owner is not required to make specific inquiries regarding the genuineness of licence -- Owner was entitled to full indemnity. Pepsu Road Transport Corporation’s case 2013 AIR SCW 6505 relied.

(P&H HC) Decided on: 27.09.2017

Onus of proof -- When the license was proved by driver, the Insurance Company did not raise any objection about its admissibility or manner of proving -- Once the license was proved by the driver and marked in evidence and without there being any objection by the Insurance Company, the Insurance Company had no right to raise any objection about the admissibility and manner of proving of the license at a later stage -- Insurance Company failed to adduce any evidence -- Tribunal was right in holding that the driver of the offending vehicle possessed a valid driving license at the time of accident.

(SC) Decided on: 13.07.2016

Accident within 30 days of expiry of license – Effect of -- Driving license was valid upto 20.8.2011 and was renewed on 19th September, 2011 – Accident took place on 5.9.2011 – In view of Proviso to Section 14 of M.V. Act, 1988 , the driving licence of driver was held to be valid on the date of accident.

(P&H HC) Decided on: 28.11.2015

Renewal of fake licence -- Original driving licence was fake, however, the endorsement from 1999 to 2011 are correct -- If the original driving licence is fake, then its renewals cannot be held as legal -- The licence will remain forged.

(P&H HC) Decided on: 06.05.2015