Drivers license being fake or invalid is not an exception for Insurance Companies to escape liability

Isha Sawant | Government Law College | 18th September 2020

National Insurance Company Limited v. Ashwani Kumari

Facts:

The appellant- National Insurance Company Limited, approached the Jammu and Kashmir High Court against the judgement passed by the Motor Accidents Claims Tribunal, Jammu dated 28^th April 2017. On 12-02-2013 at about 6:30 pm, the driver (respondent no.3) was rashly and negligently driving a motor vehicle (Nano car) bearing registration no- JK02BA-1085, near Nai Balla Camp and hit a scooter bearing no- JK02AA-5268 causing an accident. Due to the accident, respondent no.1- the claimant travelling on the scooter as a pillion rider was seriously injured and suffered permanent disability to the extent of 5%. Respondent no.1 filed a claim petition before the Tribunal claiming a compensation for the injuries and disability suffered by him due to the accident. The tribunal framed the following issues for determination:

1. Whether an accident took place on 12-02-2013 near the Nai Balla Camp due to rash driving of the vehicle bearing the no-JK02BA-1085 by its driver which caused the accident that injured the claimant and caused him permanent disability.
2. If the first issue is proved, is the petitioner (respondent mo.3) entitled to compensation? If so to what amount and from whom? 
3. Whether the driver of the Nano car drove it in a way which violated the insurance policy and if the insurance company is not liable.
4. Relief.

The claimant gave evidence as a witness and also examined another witness to support his claim, the insurance company examined the owner and driver of the vehicle as witnesses to discharge the burden of proof for issue no. 3. The Tribunal went through the evidence and position of law and decided issue no. 1 and 3 in favour of the claimant and directed the insurance company to pay a sum of Rs. 88,045/- along with a future interest @ 7.5% p.a. to the claimant. The appellant insurance company has thus approached the Jammu and Kashmir High Court against this order of the Tribunal. 

Issues:

• Whether the claimant is entitled to compensation from the insurance company for the injuries and disability suffered by him due to the accident.
• Whether the insurance company can escape liability for payment of compensation by proving the driver’s license was fake/invalid which is against the Insurance Policy.

Legal Provisions:

• Motor Vehicles Act, 1988 Section 163 A- Special provisions as to payment of compensation on structured formula basis.

Appellant’s Contention:

The counsel for the appellant submitted that the insurer had proved issue no.3 as it was proved that the license held by respondent no.3 at the time of the accident was fake and so the insurance company is absolved of the liability to pay compensation. They further submitted that despite this finding the Tribunal directing the insurance company to pay compensation to the claimant was not right. 

Observations of the Court:         

The matter was heard by the Jammu and Kashmir High Court, single-judge bench of Sanjeev Kumar, J. The court observed that there was no merit in the ground raised by the insurer for challenging the Tribunal’s award. The court further observed that thought the insurance company had proved that the license of respondent no.3 was fake it was not able to prove if the owner of the vehicle had engaged the services of respondent no.3 even after knowing that his license was fake/invalid. The court referred to the case of National Insurance Company Limited v. Swaran Singh and others (2004), where the three-judge bench of the Supreme Court dealt with the position of law raised in the present case, the apex court going through Chapter XI of the Motor Vehicles Act,1988 had observed that a mere absence of, or fake/invalid driver’s license, or disqualification of driver at the relevant time, are not in themselves relevant defences available to the insurer against the insured or the third parties. The insurance company has to prove that the insured was negligent or had failed to take reasonable care in fulfilling policy condition on use of vehicle by a duly licensed driver or one who was not disqualified, to absolve itself of the liability towards the insured. The insurance company has to not only establish all the available defences but must also establish breach on part of the owner of the vehicle, the burden of proof will then shift on the owner. The breach or breaches should be crucial so as to have contributed to the cause of accident. The court observed that in the evidence produced by the insurer before the Tribunal, it was not suggested that the insured was negligent or had failed to take reasonable care before engaging the service of respondent no-3 as driver to find if his license did not fulfil the lawful requirements. The court held that the present case was not one where the breach on condition of license was so crucial as to contribute to the cause of accident. 

Judgement:

The court found no merit in the appeal of the National Insurance Company Limited and so dismissed it along with the connected application. The judgement and award of the Tribunal was upheld, the court directed the compensation amount to be released in favour of the claimant according to the terms of the Tribunal’s award, after proper identification and verification.