Car owner liable to pay crash damages if hired driver has no licence: HC, ET BFSI

Bhopal/Jabalpur: The MP High Court has stated that if a driver employed by an individual does not have a legitimate driving licence and dies in an accident, the particular person hiring him can be liable to pay compensation to his kin moderately than the insurance coverage firm with which the car is insured.

The court docket ordered the insurance coverage firm to pay the compensation awarded to the household of the deceased driver by the labour court docket for now and subsequently get better it from the proprietor of the car.

The insurance coverage firm in its petition challenged the compensation awarded to the spouse of the deceased driver. Throughout the listening to, the court docket of Justice Vivek Agarwal requested the proprietor of the car, Srikant Singh, who employed the deceased Shiv Kumar Rawat as a driver, to supply a duplicate of his driving licence earlier than the court docket, which he did not do. The court docket stated that in accident declare circumstances, it is for the insurance coverage firm to show that the phrases and situations of the insurance coverage coverage have been violated. On this case, the one who employed deceased Rawat as a driver could not produce a duplicate of his driving licence to indicate that he was legally entitled to drive a car. On this state of affairs, the insurance coverage firm was not liable to pay the compensation however the proprietor of the car himself.

Rawat died when the car overturned whereas it was on the transfer.

The court docket, whereas upholding the Labour Court docket, Rewa, order to award compensation to the spouse of the deceased driver, requested the insurance coverage firm to pay the compensation and get better it from the proprietor of the car. Advocate Rajesh Kumar Jain appeared on behalf of the petitioner.