Motor tribunal rejects insurance claim for nonlicensed drivers

Motor insurance claims are liable to be denied if the driver does not have the appropriate license. Recently, the Thane Motor Accident Claims Tribunal upheld the decision of National Insurance Company Ltd to deny such a claim.

The tribunal ruled that the insurance company can deny the claim if the driver of the offending vehicle is driving without a license. The petitioner, Ramesh Eknath Kamble was on his two-wheeler when a tanker hit him from behind. This resulted in serious injuries to the petitioner and he was hospitalized for a long time. Upon his recovery and discharge from the hospital, he was declared 25% disabled for life by his doctors. Kamble filed a complaint with the tribunal seeking compensation from the tanker owner, Chandrakant Mhatre and National Insurance Company Ltd, the tanker's insurer.

The tribunal rejected Kamble's appeal on account of the driver not having appropriate driving license. The driver has a regular light motor vehicle license whereas he needed a commercial heavy motor vehicle license. Thus, the tribunal ruled that while it discharged National Insurance Company Ltd. from paying the claim, it ordered the tanker's owner Chandrakant Mhatre to pay Kamble Rs. 6 lakh as compensation.

Source: http://www.insuringindia.com/