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Supreme Court of India 2016-07-13 allowed

Rakesh Kumar & Etc. Etc vs United India Insurance Company Ltd. & Ors. Etc. Etc

Bench: 2 — Abhay Manohar Sapre

In Brief

Three motor accident compensation claims arose from a 2008 collision in Punjab where a truck struck a three-wheeler, killing three occupants. The Motor Accident Claims Tribunal awarded compensation totalling over Rs. 11 lakhs and held the truck's insurer liable, finding the truck driver possessed a valid license. The High Court reversed, exonerating the insurer because the driver had filed only a photocopy, not the original license. The Supreme Court allowed the appeal, holding that the insurer cannot belatedly challenge the license's validity when no objection was raised when evidence was originally marked. Since the original was filed in the related criminal case and the insurer adduced no proof the license was fake, it remains liable for compensation.

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Motor Vehicle Accident Insurance Law Motor Accident Claims Tribunal Driver Licensing Evidence Proof of License

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