Breach of policy – Onus of proof – Recovery right -- Driving license issued to less than 18 years of age in contravention of the provisions of Section 4 of 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

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