Ahmedabad: An insurance company can pay compensation in an accident case that involves a truck driver without an adequate license if negligence is not established in part of the vehicle owner to verify the driver’s license, Superior Court of Gujarat He has ruled.
The observation occurred by dismissing a request for Icici Lombard General Insurance co ltd, which challenged a Automobile Accident Claims CourtThe order grants compensation to an accident victim.
A Jayesh Dharavia by Jamnagar died in a road accident that involved a truck in 2010. The truck driver, Ramsingh Yadav, had a driving license to drive a two -wheeled vehicle and a light motor vehicle, but not a truck, which falls In the category of a heavy motor vehicle. In 2014, a car accident affirms that the court ordered the owner of the Southchandra truck Aum Prakash and its insurer, Icici Lombard, to pay 19 LAKH of RS, along with an interest of 7.5%, as compensation to the family of the deceased .
The insurance company moved HC, holding that the driver was not authorized to drive the truck. Citing the breach of the terms of the policy and the failure of the vehicle owner by using a qualified driver with a valid license, the company argued that it could not be considered to pay compensation.
The HC said that the insurer had not established that he had asked the vehicle owner to verify the driver’s license, or that he had caught the owner’s attention to be attentive in this regard. The insurer could not prove that the owner knew that the driver’s license was not valid, or that she used the driver despite knowing.