Fake license and Insurance Liability
suresh
(Querist) 11 April 2010
This query is : Resolved
My vehicle (lorry) got involved in an accident
and the victim passed away.
my Driver got arrested and he is in bail now. Lorry Driver holds a valid Drivers license.
(we have a D.L copy not the original license). My driver not able to submit the original license. I suspect it could be a fake license) My vehicle permit was taken by the RTO.
Cause of offense - IPC section 304A
Still after 2 weeks not able to get the FIR Copy from the station.I have everything for my vehicle (insurance, Road tax, permits etc all current)
I have couple of questions? Please help.
What is my liablity if this license turns out to be a fake License?
Is it the owner responsiblity to check whether the license is original or
fake, if it is owner's responsiblity how do we check?)
How do i get my permit back?
How do i get the FIR copy?
thanks
suresh
Raj Kumar Makkad
(Expert) 11 April 2010
1. In such event, insurance company shall not be liable to compensate the petitioners and you and driver jointly shall have to bear the award.
2. Yes. It can be got checked by sending it to the concerned authority from where the said DL is shown issued. If a certificate is issued by that particular authority that the license is original and valid then you can trust and give such driver an employment with you otherwise not.
3. Get the vehicle on sapurdari and make representation to RTO to return it as you are contesting the case and are not away from litigation. Actually there is no relationship of accident and taking the license back by RTO. FIR is lodged against driver and owner cannot be held responsible for driving the vehicle rashly and negligently. RTO cannot retain that license with him. If you fail to get desired results on your representation then serve a legal notice to him.
bhupender sharma
(Expert) 11 April 2010
there is a judgemenr of the supreme court which has held that if the licence is found to be fake the insurance company is liable to to provided the company reserves its right to recover the same from the owner of the vehicle and the person driving the vehicle.
Arvind Singh Chauhan
(Expert) 11 April 2010
In addition to Raj Sir's opinion I have to suggest that you can obtain the copy of FIR from concerned court within whose jurisdiction accident occurred.
Kiran Kumar
(Expert) 11 April 2010
few years back the law used to be that the owner is not supposed to find out the authenticity of the license of a driver prior to giving employment to him.
but now the SC has changed this interpretation, as per latest opinion of SC the Insurance Company is not liable but the Owner will be liable to compensate the victim or the family of the victim.
Suryanarayana Tangirala
(Expert) 11 April 2010
Yes owner is liable under the head of No fault Liability.There are even Judgments Insurance company to pay to the victim and recover the same from owner i remember the same thing was opined in 2009 ACJ 2655 New India Assurance co.Ltd vs Kusum&other( plz check this,right now i don't have a copy of this Judgment to verify )
