📚 Legal Learning – No Insurance Liability If Owner Fails to Prove Driver Had Valid License
🧾 Key Legal Principles:
🔹 Insurer Not Automatically Liable
Under the Motor Vehicles Act, 1988, an insurance company is not liable to indemnify the insured if the owner of the offending vehicle fails to prove that the vehicle was entrusted to a person holding a valid driving license.
🔹 Burden of Proof Lies on the Owner
It is the duty of the vehicle owner to prove that the vehicle was driven by someone holding a valid license at the time of the accident.
❌ Failure to produce the license or witness testimony leads to denial of insurance claim.
🔹 Charge-Sheet Is Not Sufficient Evidence
A police charge-sheet alone—accusing the driver of rash and negligent driving—does not establish proper entrustment or license validity. The court held that it’s not for the insurer to prove the negative but for the owner to affirmatively prove due care in entrusting the vehicle.
🔹 Tribunal vs. High Court View
Even if the Motor Accident Claims Tribunal (MACT) finds in favor of the insured, the absence of any evidence by the owner (e.g., no license shown, no statement made) can lead to reversal by the appellate court.
🧠 Legal Insight:
To successfully claim insurance after a motor accident, the owner must prove that the vehicle was entrusted to a properly licensed driver. Without this, the insurer has no liability, even if there’s a valid insurance policy.
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