Driving License of Driver – 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

License of Driver – 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

Fake driving licence – L.M.V. licence – Meaning of -- Owner pleaded that she had checked the driving licence of the driver and along with her husband took the test of his driving skills, which were found to be perfectly upto the mark -- However, there is nothing on record beyond the statement in this regard -- There is nothing on record to suggest that the owner had taken any steps to verify the genuineness of the driving licence of driver of the offending vehicle -- From the testimony of official of the said authority and from the record on file, it is duly proved that the licence in question is a fake document – Licence in question is valid for motorcycle and light motor vehicle and as per the definition of the Light Motor Vehicle as mentioned in Section 2(21) of the Motor Vehicle Act, 1988, the weight of the vehicle which comes under the ambit of light motor vehicle does not exceed 7500 kgs, but in this case, the weight of the offending vehicle is 8800 kgs. – No fault can be found with the approach of learned Tribunal while granting recovery rights to the insurance company.

(P&H HC) Decided on: 30.05.2016

Insurance of vehicle -- An owner of a vehicle in terms of the provisions of the Motor Vehicles Act is legally obligated to get the vehicle insured -- Rights and liabilities of the parties to the contract of insurance would be governed thereby subject to the provisions of the Motor Vehicles Act.

(SC) Decided on: 04.08.2009

Invalid driving license – Recovery right to Insurance company -- Owner has a duty to see that a vehicle is driven by a person having a valid driving licence – Driver’s license was proved to be invalid -- Owner did not raise any contention that he has used due diligence in allowing the driver to drive the vehicle -- Appellant/ Insurance Company was directed to deposit the amount directing that the company may recover the same from respondent Nos.3 (Driver) and 4 (owner) – Executing Court dismissed Execution application being not maintainable, however Insurance Company was given independent right to recover the amount from insured (Owner and Driver) as per award through regular civil suit – High Court affirmed the order – Held, it would be travesty of justice, if the Insurance Company which is directed to pay the amount and then face immense difficulties in executing a decree -- Impugned judgments cannot be sustained -- Appeals are allowed, the executing courts are directed to proceed with the execution and dispose of the same as expeditiously as possible.

(SC) Decided on: 04.08.2009