Motor insurance

Thanq very much Sir,  Will you upload it because we wont get AWC journals here.

Yes, all journals are not available in all parts of the courntry. Most of them are available in a particular state only. So it'll be better if you upload it sir or at least provide the court name i.e. sc / hc, name of the parties, case no., date of the decision, so that it can be searched on the net.

I am sorry for not typing court's nameand date of decision.

It is :  Allahabad HC, FAFO No. 252 of 2002 , National Insurance Co. v. Sita Singh , Decided on 18.05.2010.

Yes,In a  PETITIONER:National Insurance Co. Ltd.  RESPONDENT:Kusum Rai & Ors. Case the court said;(https://indiankanoon.org/doc/1490362/)

"Section 3 of the Act casts an obligation on a driver to hold an effective driving licence for the type of vehicle which he intends to drive. Section 10 of the Act enables the Central Government to prescribe forms of driving licences for various categories of vehicles mentioned in sub-section (2) of the said section. The various types of vehicles described for which a driver may obtain a licence for one or more of them are: (a) motorcycle without gear, (b) motorcycle with gear, (c) invalid carriage, (d) light motor vehicle, (e) transport vehicle, (f) road roller, and (g) motor vehicle of other specified descripttion. The definition clause in Section 2 of the Act defines various categories of vehicles which are covered in broad types mentioned in sub-section (2) of Section 10. They are "goods carriage", "heavy goods vehicle", "heavy passenger motor vehicle", "invalid

carriage", "light motor vehicle", "maxi-cab", "medium goods vehicle", "medium passenger

motor vehicle", "motor-cab", "motorcycle", "omnibus", "private service vehicle", "semi- trailer", "tourist vehicle", "tractor", "trailer" and "transport vehicle". In claims for compensation for accidents, various kinds of breaches with regard to the conditions of driving licences arise for consideration before the Tribunal as a person possessing a driving licence for "motorcycle without gear", [sic may be driving a vehicle] for which he has no licence. Cases may also arise where a holder of driving licence for "light motor vehicle" is found to be driving a "maxi-cab", "motor-cab" or "omnibus" for which he has no licence. In each case, on evidence led before the Tribunal, a decision has to be taken whether the fact of the driver possessing licence for one type of vehicle but found driving another type of vehicle, was the main or contributory cause of accident. If on facts, it is found that the accident was caused solely because of some other unforeseen or intervening causes like mechanical failures and similar other causes having no nexus with the driver not possessing requisite type of licence, the insurer will not be allowed to avoid its liability merely for technical breach of conditions concerning driving licence."

And last you can find another judgement  on our LCI forum PETITIONER:Ishwar Chandra & OrsRESPONDENT: The Oriental Insurance Co. Ltd. & Ors (https://www.lawyersclubindia.com/forum/Driving-license-expired-2388.asp)

hi

i am having similar matter with me where the driver at the time of the ccident was having driving licence to drive the light motor vechile but at the time of the accident he was driving tata 407 goods carriage vechile .kindly advice  me which judge ment should i produce before the tribunal to jusitify my case that the driver at the time of accident was having a valid driving licence.

regards

Bhanu Pratap Singh

Advocate