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

Validity of licence till 29.4.2011 -- Reliance on the testimony of RW-1 (Licence Clerk) solely based on a register could not have been the basis of a finding that the expiry date of the license was 26.02.2003 -- It is also not a mere question of the dates mentioned in the licence but those dates ought to have tallied with the mandate of sub-section (2) of Section 14 of the said Act -- Licence would not have been issued for 5 years when the driver was only about 37 years but would be issued for a period of 20 years or 50 years of age, whichever was earlier -- Since the petitioner attained the age of 50 years on 30.04.2011, the license mentioned the expiry date as 29.04.2011 -- Court clearly fell into an error in doubting that the licence was valid on the date of the accident – Order of recovery from appellant is set aside.

(SC) Decided on : 27.03.2018

Compensation in motor vehicle accident case -- Pleadings and evidence -- Liability of insurance company -- 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.

(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

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 – Proviso to Section 14 read as “Provided that every driving licence shall, notwithstanding its expiry under this sub-section continue to be effective for a period of thirty days from such expiry.” -- In view of the above provision, the driving licence of driver was held to be valid on the date of accident.

(P&H HC) Decided on: 28.11.2015