CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints Minimum Wages Cannot Be Ignored While Determining Just Compensation: Andhra Pradesh High Court Re-Fixes Income of Deceased Mason, Enhances Interest to 7.5% 34 IPC | Common Intention Is Inferred From Manner Of Attack, Weapons Carried And Concerted Conduct: Allahabad High Court Last Date of Section 4 Publication Is Crucial—Error in Date Cannot Depress Market Value: Bombay High Court Enhances Compensation in Beed Land Acquisition Appeals Order 26 Rule 10-A CPC | Rarest of Rare: When a Mother Denies Her Own Child: Rajasthan High Court Orders DNA Test to Decide Maternity Acquittal Is Not a Passport Back to Uniform: Punjab & Haryana High Court Upholds Dismissal of Constable in NDPS Case Despite Trial Court Verdict Limitation Under Section 468 Cr.P.C. Cannot Be Ignored — But Section 473 Keeps the Door Open in the Interest of Justice: P&H HC Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness Employee Cannot Switch Cadre At His Sweet Will After Accepting Promotion: J&K High Court Rejects Claim For Retrospective Assistant Registrar Appointment Anticipatory Bail Cannot Expire With Charge-Sheet: Supreme Court Reiterates Liberty Is Not Bound by Procedural Milestones Order II Rule 2 Cannot Eclipse Amendment Power Under Order VI Rule 17: MP High Court Refuses to Stall Will-Based Title Suit Grounds of Arrest Must Be Personal, Not Formal – But Detailed Allegations Suffice: Kerala High Court Upholds Arrest in Sabarimala Gold Misappropriation Case Grounds of Arrest Are Not a Ritual – They Are a Constitutional Mandate Under Article 22(1): Allahabad High Court Sets Aside Arrest for Non-Supply of Written Grounds Sect. 25 NDPS | Mere Ownership Cannot Fasten NDPS Liability – ‘Knowingly Permits’ Must Be Proved Beyond Reasonable Doubt: MP High Court Section 308 CrPC | Revocation of Pardon Is Not Automatic on Prosecutor’s Certificate: Karnataka High Court Joint Family and Ancestral Property Are Alien to Mohammedan Law: Gujarat High Court Sets Aside Injunction Right to Health Cannot Wait for Endless Consultations: Supreme Court Pulls Up FSSAI Over Delay in Front-of-Pack Warning Labels If A Son Dies Intestate Leaving Wife And Children, The Mother Has No Share: Karnataka High Court

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