Vehicle Owners Can’t Be Expected To Make Enquiries With RTOs All Over Country To Cross Check Validity Of Driver’s License

Case: Mohammad Abbas wani Vs Sharifa & Ors.

Coram: Justice Vinod Chatterji Koul

Case No.: CMAM no.137/2015

Court Observation: “Nevertheless, even after proving that licence was a fake one, it is to be looked into that the owner of vehicle while hiring a driver checked the licence and satisfied himself as to competence of driver and if the owner is drew such satisfaction from the DL no breach u/s 149 of the said will stand attracted”.

“It would be strange that insurance companies would expect owners to make enquiries with RTOs, which are spread all over the country, whether driving licence shown to them is valid or not. Thus, where owner has satisfied himself that driver has a licence and is driving competently, there would be no breach of Section 149 (2)(a) (ii) and the insurance company would not then be absolved of its liability”

Previous Posts

Matrimonial Offences Including S.498A IPC May Be Quashed In Exercise Of Powers U/S 482 CrPC When Parties Arrive At Settlement: J&K&L High Court

State Does Not Have Unlimited Resources, Institutions That Waive Arrears To Seek Grant-In-Aid Can’t Be Permitted To Take U-Turn: Uttarakhand HC

Conditions Imposed During Interim Bail U/S 439(1) Cannot Be Construed To Mean “In Custody” While Reckoning Period For Default Bail: J&K&L High Court

Court In Area Where Minor Ordinarily Resides Has Jurisdiction U/S 25 Guardians & Wards Act: Uttarakhand High Court

Property Dispute Between Mother & Child Does Not Fall Under Explanation (c) To S.7(1) Family Courts Act, Civil Court Jurisdiction Not Barred: Kerala High Court

Keywords

Vehicle Owners, Enquiries With RTOs