Liability of owner -- 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

Adverse inference -- According to the owner the licence had been renewed but the endorsement is not signed by any officer -- There is no explanation why the licence was not taken back to the authorities for their signatures -- The official who had come from the Licensing Authority had stated that there was no record of renewal pertaining to this licence -- Driver-owner failed to step into the witness box and an adverse inference should be drawn against them.

(P&H HC) Decided on: 17.07.2017

Duty of owner – 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

Legality of -- 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

Liability of Employer -- Whether the employer/owner has taken proper precautions before employing driver to drive school mini bus -- It is in the statement of Driver himself and witness of School Authority that before appointment, driving licence of Driver was checked and also the driving test was taken -- If the employer has taken the reasonable precautions, then, in no way, it can be held that owner has violated the terms and conditions of the policy -- Owner is not supposed to get the verification from DTO/RTO office regarding the original driving licence – Burdon is on insurer to establish breach of policy – Held, reasonable care was taken by employer, there is no violation of terms and conditions of policy.

(P&H HC) Decided on: 06.05.2015

Renewal of fake licence – Liability of Employer -- It is in the statement of Driver himself and witness of School Authority that before appointment, driving licence of Driver was checked and also the driving test was taken -- If the employer has taken the reasonable precautions, then, in no way, it can be held that owner has violated the terms and conditions of the policy -- Owner is not supposed to get the verification from DTO/RTO office regarding the original driving licence – Burdon is on insurer to establish breach of policy – Held, reasonable care was taken by employer, there is no violation of terms and conditions of policy.

(P&H HC) Decided on: 06.05.2015

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