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

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