2004 2 SCR 354 The following Order of the Court was delivered In a motor vehicle accident, one Sanjiv Kumar Jha died at the spot.
Aggrieved, the respondent Insurance Company further filed a letters patent appeal before the High Court.
The Tribunal by an order dated 12.2.1999 gave an award for a sum of Rs.
Consequently, the appellants filed their claims petition before the Motor Accidents Claims Tribunal, Bhagalpur.
Before the Tribunal, the respondent Insurance Company neither pleaded number led any evidence that the driver of the truck did number have any licence.
The Letters Patent Bench set aside the order of the learned Single Judge and remitted the matter back upon framing issues for determination by the Single Judge.
3,91,500 Aggrieved, the respondent Insurance Company preferred an appeal before the High Court.
It is against the said judgment, the appellants are in appeal before us.
In National Insurance Co. Ltd. v. Swaran Singh and Ors, 2004 1 Scale 180, this Court has held that mere absence, fake or invalid driving licence or disqualification of the driver for driving at the relevant time, are number in themselves defences available to the insurer against either the insured or the third parties.
To avoid its liability towards insured, the insurer has to prove that the insured was guilty of negligence or failed to exercise reasonable care in the matter of fulfilling the companydition of the policy regarding use of vehicles by duly licensed driver or one who was number disqualified to drive at the relevant time.
