Section 3, 4 -- Motor Vehicles Act, 1988 (59 of 1988), Section 149(2)(a)(ii) -- Expiry of driving license – Non-renewal of – Injury to driver -- Liability of owner – 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 -- It cannot be said that thereafter he can wash his hands off the responsibility of not checking up whether the driver has renewed the licence – Appellant-owner showed gross negligence in verifying the same -- Here it was a commercial vehicle being a truck -- 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 – Proceedings here being under the Compensation Act, the consequences are not flowing to the first respondent as the initial negligent person.

(SC) Decided on: 23.09.2020

Section 51E, 53, 61 -- Motor Vehicles Act, 1988 (59 of 1988), Section 166, 167 -- Compensation in motor vehicle accident case -- Employment injury – Claim petition by employee – Maintainability of – Mere incorporation of the Section 51E cannot, per se, exclude the claim under the Motor Vehicle Act for an accident which happened during the time when person was, allegedly, going to his home after the duty hours -- Ingredients of Section 51 E of the Act has to be pleaded and proved by the Insurance Company to invoke Section 53 of the Act.

(P&H HC) Decided on : 13.12.2017

Section 51E, 53, 61 -- Motor Vehicles Act, 1988 (59 of 1988), Section 166, 167 -- Compensation in motor vehicle accident case -- Claim petition by employee/dependents – Maintainability of – These would be two different and independent remedies available to a person -- Whatever the dependents are getting is partly a product of the contribution made by the employee himself during his life time and partly the contribution of employer -- Employer of the deceased employee may be absolved of any liability of making any payment under any other law relating to the employment injury; qua to the entitlement of the deceased as an employee, however, such periodic payment, which is in the nature of family pension, would not absolve a stranger to the employment from discharging its independent liability created under any other statute -- No provision has been made by the legislature in the Motor Vehicle Act to specifically exclude the liability of the insurer of the offending vehicle; in case of motor vehicle accident; if the dependents of the employee are getting compensation or benefits under ESI Act (unlike compensation under Workmen Compensation Act) in the capacity of the deceased being an employee -- Despite the fact that the dependents of the employee may be having some benefits under the ESI Act in the capacity of the deceased being an employee would not debar them from claiming compensation under the Motor Vehicles Act for the said accident.

(P&H HC) Decided on : 13.12.2017

Section 53, 61 -- Motor Vehicles Act, 1988 (59 of 1988), Section 166, 167 -- Compensation in motor vehicle accident case -- Claim petition by employee – Maintainability of -- If the relation between the claimant and the Insurance Company is of a stranger then the claim petition by such a person against such an Insurance Company shall not be barred by Section 53 of ESI Act -- “Any Person” in Section 53 has to be read as a person/entity to whom this Act applies -- Section 61 prohibits only receiving twice the 'similar benefits' by an employee with respect to his employment injuries, nothing beyond that – Bar created by Section 53 would be applicable only in case injuries sustained by of injured/deceased is an employment injury and the same is sustained by injured/deceased in his capacity as employee and only if he is claiming subsequent compensation in his capacity as an employee under this Act.

(P&H HC) Decided on : 13.12.2017

Section 20 -- Motor Vehicles Act, 1988 (59 of 1988), Section 157 -- Compensation to employee – Liability of Insurance company -- Transfer of vehicle – Intimation to Insurance company – Requirement of – No intimation of transfer was given to Insurance Company -- Even if vehicle stand transferred to the name of another person, the liability of insurer to pay compensation to third party shall not cease -- Section 157 sub-section(1) contains the deeming provision that “the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of this transfer.”

(SC) Decided on: 14.07.2017