National Insurance Co. Ltd. Vs. Kusum Rai
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Head Note
Motor Vehicles Act,1988 - Section 166 , Section 163-A
Driver having driving licence for light Motor Vehicle but owner allowed the driver to drive commercial vehicle - Driver causing death of child by negligent driving - Insurance company is not liable - However in the instant case victim was aged 12 years - The claimants have poor background - Supreme Court in exercise power under Article 136 of constitution directed Insurance company to pay compensation awarded by Tribunal and recover the amount from owner - For the purpose of recovering the same from the owner, the insurer shall not be required to file a suit - It may initiate a proceeding before the concerned Executing Court as if the dispute between the insurer and the owner was the subject matter of determination before the Tribunal and the issue is decided against the owner and in favour of the insurer. 2005 SCC(Criminal) 148 relied.
Motor Vehicles Act,1988 - Section 5 , Section 4
Accident caused by driver who had no valid licence - It is duty of owner to verify the fact whether driver possessed a valid licence or not.
Topic(s)-Licence for light Motor Vehicle
Important Decision(s)- Driver having licence for light Motor Vehicle but driver to drive commercial vehicle - Death of child by negligent driving - Insurance company is not liable.