United India Insurance Company Ltd vs Lehru And Ors on 28 February, 2003
In this case, original driving licence of driver of offending
vehicle was fake. At the time of his appointment, owner of offending
vehicle had not only taken his test but had also seen his driving licence and
inquired from his previous employer, as such, there was no reason for
him/owner to doubt that licence of Narinder Singh was not valid. Accident
had taken place on 24.07.2010 and the driving licence of respondent No.4
was stated to be valid w.e.f. 19.04.2010 to 18.04.2013. Owner of offending
vehicle has been successful in proving that there was no wilful negligence
or lack of reasonable care on his part while employing or allowing
respondent No.4 to drive the offending vehicle. Tribunal while allowing
recovery right to the insurer has not looked into the evidence, as discussed
above and the law is settled by Hon'ble Supreme Court in cases of Pepsu
Road Transport Corporation Vs. National Insurance Company (supra),
United India Insurance Company Vs. Lehru and others (supra), National
Insurance Company Limited Vs. Swaran Singh and others (supra).