Oriental Insurance Co. Ltd. vs Rakesh Kumar & Ors. on 29 February, 2012
In the case of Oriental Insurance Company Ltd. Vs. Rakesh
Kumar, 2012 ACJ 1268, it is observed that in claims for compensation
for accidents, various kinds of breaches regarding the conditions of
driving licenses arise for consideration before the Tribunals, like a
person possessing a driving license for motorcycle without gear for
which he has no license. Cases may also arise where holder of driving
license of a 'Light Motor Vehicle' is found to be driving a 'Maxi Cab',
'Motor Cab' or an Ómni Bus', for which he has no license. In each case,
on evidence being led before the Claims Tribunal, a decision has to be
taken whether the fact of driver's possessing license for one type of
vehicle but found driving another type of vehicle, was the main or
contributory cause of accident. If on facts, it is found that accident was
caused as a result or cause of some other unforeseen or intervening
causes like mechanical fault and similar other causes, having non-access
with driver's not possessing requisite type of license, the insurer will not
be allowed to avoid its liability, merely for technical breach of
conditions concerning the driving license.