https://www.taxtmi.com/caselaws?id=292375 Under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988, an insurer may raise a defence based on a driver not being duly licensed, but a fake, invalid, or unverifiable licence does not by itself defeat liability. To avoid liability against the insured, the insurer must prove negligence, lack of reasonable care, or wilful breach of the policy condition. The insured is expected to verify that the driver holds a licence and appears competent, but is not required to obtain independent verification from the licensing authority unless there is reason to doubt authenticity or notice has been given. On these principles, mere non-verification is insufficient. en-us Wed, 04 Mar 2020 00:00:00 +0530 Wed, 13 Nov 2024 12:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=292375 Under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988, an insurer may raise a defence based on a driver not being duly licensed, but a fake, invalid, or unverifiable licence does not by itself defeat liability. To avoid liability against the insured, the insurer must prove negligence, lack of reasonable care, or wilful breach of the policy condition. The insured is expected to verify that the driver holds a licence and appears competent, but is not required to obtain independent verification from the licensing authority unless there is reason to doubt authenticity or notice has been given. On these principles, mere non-verification is insufficient. Case-Laws Indian Laws Wed, 04 Mar 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=292375