Fake licence of driver -- Once due care and caution has been exercised by the owner of the vehicle while engaging services of the driver, the insurance company cannot be absolved of its liability to indemnify the owner on the ground that the driver is not holding a valid driving licence unless it is to be proved that the owner was aware that the licence was fake and he still permitted the driver to continue to drive the vehicle -- In cross examination RTO/RW-2 stated that possibility of record going missing from the computer due to a virus cannot be ruled out and that earlier the record pertaining to the same was manual and the record has not so far been updated in the computers -- Offending vehicle was otherwise, validly insured – Appeal at the instance of insurance company, dismissed.

(P&H HC) Decided on: 16.11.2020

Expiry of driving license – Non-renewal of – Injury to driver -- 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

Sale of vehicle – Appellant has led sufficient evidence on record, which shows that the vehicle in question was indeed sold to the respondent no.7 -- Contents of the affidavit Ex.R-2 are not denied and neither is it denied that the offending vehicle was taken on Superdari by respondent no.7 – Appellant-registered owner has been rightly held liable to pay the compensation, however appellant shall be entitled to recover the amount of compensation from the respondent no. 7 after satisfying the claim.

(P&H HC) Decided on: 02.03.2020

Claim petition dismissed against driver -- Liability is always joint and several and if the dismissal of the claim against the driver was not on merits, but was for failure to take steps to serve him, employer / owner of the vehicle cannot avail the benefit of the same.

(P&H HC) Decided on: 15.03.2016

Death of passenger -- Claim petition – Negligence – Proof of -- An act of a driver dashing against a tree must mean that there had been a negligent act only on the part of the driver -- Instance where a driver could plead exoneration of such a responsibility shall be when there is a mechanical failure but there again the liability of the owner would still be exposed -- A vehicle is bound to be kept in a state of repair and if there was a mechanical defect that resulted in accident, it should still be seen as want of care by the owner that would make him liable and consequently, the insurer is liable for any claim arising out of the accident.

(P&H HC) Decided on: 24.07.2014