Section 32 Arbitration Act | Termination for Non-Payment of Fees Ends Arbitrator’s Mandate; Remedy Lies in Section 14(2): Supreme Court False Allegations of Dowry and Bigamy Amount to Mental Cruelty: Madras High Court Upholds Divorce Plaintiff Must Prove Her Own Title Before Seeking Demolition Of Defendant’s Pre-existing House: Andhra Pradesh High Court Mismatch Between Bullet and Recovered Gun Fatal to Prosecution: Calcutta High Court Acquits Man Convicted for Murder Where the Conduct of the Sole Eye-Witness Appears Unnatural and No Independent Witness Is Examined, Conviction Cannot Stand: Allahabad High Court Fraudulent Sale of Vehicle During Hire Purchase Renders Agreement Void: Gauhati High Court Upholds Decree for Refund of ₹4.90 Lakhs Unsigned Written Statement Can’t Silence a Defendant: Hyper-Technical Objections Must Yield to Substantive Justice: Delhi High Court Default Bail | No Accused, No Extension: Delhi High Court Rules Custody Extension Without Notice as Gross Illegality Under Article 21 Gratuity Can Be Withheld Post-Retirement for Proven Negligence Under Service Rules – Payment of Gratuity Act Does Not Override CDA Rules: Calcutta High Court Cognizance Is of the Offence, Not the Offender: Madras High Court Rejects Challenge to ED’s Supplementary Complaint in PMLA Case Acquittal in Rajasthan No Bar to Trial in Madhya Pradesh: MP High Court Rejects Double Jeopardy Plea in Antiquities Theft Case 20% Deposit Isn’t Automatic in Cheque Bounce Appeals: Right to Appeal Can’t Be Priced Out: Punjab & Haryana High Court Checks Mechanical Use of Section 148 NI Act A Child Is Not a Non-Earner: Punjab & Haryana High Court Sets New Benchmark in Compensation for Minors’ Deaths 90 Days Is Not Sacrosanct – Courts Can Permit Reply to Counter-Claim Even Beyond Prescribed Time in Interest of Justice: Punjab & Haryana High Court Magistrate Can Proceed Only for Offences Committed in India Until Sanction Is Obtained for Acts Outside India: Orissa High Court on International Financial Fraud Award Is Vitiated by Non-Consideration of Material Evidence: Orissa High Court Sets Aside Industrial Tribunal’s Wage Award in IMFA Case POCSO | Absence of Child's Name in Birth Certificate Not Fatal: Kerala High Court No One Has the Right to Impute Illicit Motives to Judges in the Name of Free Speech: Karnataka High Court Jails Man for Criminal Contempt DV Complaint Cannot Be Quashed at Threshold Under Article 227: Madras High Court Refuses to Interfere, Directs Accused to Seek Remedy Before Magistrate Recovery Wasn't From Accused's Exclusive Knowledge — Cylinder Already Marked in Site Plan Before Arrest: Allahabad High Court Acquits Man in Murder Case State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 Setting Fire to House Where Only Minors Were Present is a Heinous Offence – No Quashing Merely Because Parties Settled: Calcutta High Court No Exclusive Possession Means Licence, Not Lease: Calcutta High Court Rules City Civil Court Has Jurisdiction to Evict Licensees Defendant's Own Family Attested the Sale Agreement – Yet She Called It Nominal: Andhra Pradesh High Court Upholds Specific Performance Renewal Not Automatic, No Evidence Of Notice Or Mutual Agreement: AP High Court Dismisses Indian Oil’s Appeal Against Eviction

Punjab and Haryana High Court: Valid Driving License Exonerates Vehicle Owner from Liability for Compensation

07 May 2024 8:19 AM

By: Admin


In a recent judgment by the Punjab and Haryana High Court, the court held that a valid driving license absolves the owner of a vehicle from liability for compensation in a motor vehicle accident case. The court modified the award passed by the Motor Accident Claims Tribunal and granted relief to the vehicle owner.

The judgment was delivered by Mr. Harpreet Singh Brar, J., on May 12, 2023, in the case of Jaspal Singh versus National Insurance Company Limited and others. The court observed that if a driving license is found to be validly issued, the recovery rights of the insurance company cannot be granted.

The case pertained to an accident that occurred on April 10, 2012, involving two trucks. The claimant, Raj Kumar, had filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988, seeking redress for injuries sustained in the accident. The Motor Accident Claims Tribunal partly accepted the claim and granted recovery rights to the insurance company to recover the compensation amount from the owner and driver of the offending vehicle.

The vehicle owner, Jaspal Singh, filed an appeal challenging the Tribunal's award. The appellant contended that the insurance company had failed to establish a breach of policy by the insured. The key issue in the case was the validity of the driver's license of Gurmukh Singh, the driver of the offending vehicle.

During the hearing, the insurance company accepted the validity of the driving license, and a verification report confirmed its authenticity. The court, referring to various judgments, held that the burden to prove the license's invalidity rested on the insurance company. As the license was found to be validly issued, the recovery rights of the insurance company were dismissed.

Mr. Harpreet Singh Brar, J., observed, "Once the driving licence issued by the concerned RTO of Nagaland was found to be genuine... the owner of the offending vehicle cannot be held liable to pay compensation to the victim." The court further emphasized that the appellant had taken reasonable care in hiring the driver, who possessed a valid license.

Consequently, the court allowed the appeal and modified the award. The compensation amount of Rs. 5,95,000/- along with interest at the rate of 7.5% p.a. was directed to be paid by the insurance company. The insurance company was also directed to reimburse any amount already paid by the appellant. The court ordered the insurance company to pay the compensation within two months from the date of the order, along with the specified interest.

Date of Decision: 12.05.2023

 Jaspal Singh VS National Insurance Company Limited and ors.

[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/06/Jaspal-Vs-National-Insurance-12-May-23-PH-HC1.pdf"]

Latest Legal News