AIR 2020 SUPREME COURT 1193

Supreme Court Of India

Hon'ble Judge(s): Navin Sinha, Krishna Murari , JJ

Motor Vehicles Act (59 of 1988) , S.149(2)(a)(ii)— Liability of insurer - Invalid driving licence - Care and caution by insured-employer - Driver employed after checking his driving licence - Onus of proving that insured did not verify genuineness of licence or was guilty of willful breach of conditions of insurance policy or contract of insurance lies on insurer. Evidence Act (1 of 1872) , S.102— @page-SC1194 Breach of conditions under S. 149(2)(a) of the Motor Vehicles Act, 1988 absolves the insurer of its liability to the insured. S. 149(2)(a)(ii) deals with the conditions regarding driving licence. In case the vehicle at the time of accident is driven by a person who is not duly licenced or by a person who has been disqualified from holding or obtaining a driving licence during the period of disqualification, the insurer is not liable for compensation. While the insurer can certainly take the defence that the licence of the driver of the car at the time of accident was invalid/fake however the onus of proving that the insured did not take adequate care and caution to verify the genuineness of the licence or was guilty of willful breach of the conditions of the insurance policy or the contract of insurance lies on the insurer. While hiring a driver the employer is expected to verify if the driver has a driving licence. If the dr....