Insurance – Compensation – Pay & Recover Principle – Exception

Truck of the appellant met with an accident in 2017..  Driver of the offending vehicle did not possess driving licence at the time of accident.

According to the appellant-owner, the driver had given him photo copy of his driving vehicle and therefore, he was not required to verify the same as he was competent to drive the offending vehicle.

Moreover, the owner did not depose and establish that when the driver was employed, since when he was driving the vehicle and that, before employing the driver for the offending vehicle he got himself satisfied that he was competent to drive the vehicle,

Therefore, the owner was rightly burdened with the liability since the principles laid down in Rishi Pal Singh’s case (2022 Judgment of the Supreme Court) do not help the owner.

Order dated 23.4.2024 of the MP High Court at Jabalpur in Misc. Appeal No.902 of 2023 of Pradeep Singh Parihar  Vs. Smt. Rubina and others