insurence libelty

Sarvesh Kumar Sharma Advocate (Querist) 22 August 2009 This query is : Resolved
frinds,
my client driving his tractor,sudden four person comes and robbery that tractor.
the tractor was full insured.
my clint has no driving licence .
without driving licence can he claim his insured sum?
is there any need of driving licence on the matter of robbery case?
any case law regarding this ....

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R.R. KRISHNAA (Expert) 22 August 2009
In my opinion, I think your client cannot claim any insured amount as he does not have a valid driving licence.

I will try to look for any case laws and reply you later.

adv. rajeev ( rajoo ) (Expert) 22 August 2009
Insurance company is not liable if the driver is not having the valid DL.

SANJAY DIXIT (Expert) 22 August 2009
Yes, Insurance Company would not be liable for claim.
But your client is free for lodging the FIR for robbery happened against him.

J K Agrawal (Expert) 23 August 2009
Dear Sir
There should nexus between cause of loss and violation of conditions. Having DL or not is not root cause of loss so you are entitle to compensation.

Pl refer revision petition number 2393 of 2003 National Insurance Co v Sanjay Shivhare decided by National commission of consumer redressal on 13-09-2007. Pl also refer to Kesarben v United India Insurance Co III 2000 CPC 36

Message likes : 1 times

MANISH (Expert) 23 August 2009
Dear friend,
I agree with Mr. J K Agrawal.
There are a lot of citations in this effect.
You may search for the same in CPJ. There are a lot of citations in the year 2007.

VIKAS RAJ CHHAJER (Expert) 25 August 2009
Please i don't want to advice as there is strike in our district so please pray for us that our high court may not broke and we may live unitedly.

For your matter i will respond but after few days.

Vikas Raj Chhajer

Sarvesh Kumar Sharma Advocate (Querist) 25 August 2009
vikas ji,
i will wait yr veluble advise.
full simpethy with yr fealings.

Sarvesh Kumar Sharma Advocate (Querist) 26 August 2009
shri gopal sir,
d trector not made any crime ,any accident.
d matter is of robbery of dt tractor?
is there any need D.L. in this case.

IF ANY PERSON WHO DON'T HAVE ANY D.L. THEN INSURENCE COMPANY ALLOW TO ROBBER HIS TRACTOR?

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