38.6c New Delhi, India, Tuesday, May 28, 2024
Judiciary

Reasonable Care Should be Taken by Employer to See That License of Employee is Renewed: SC [READ JUDGMENT]

By Lakshya Tewari      27 September, 2020 05:00 PM      0 Comments
Driving License Renewal Supreme Court

While hearing the case of Beli Ram V. Rajender Kumar & Anr., a Supreme Court bench comprising of Justices Sanjay Kishan Kaul, Justice Aniruddha Bose, and Justice Krishna Murari observed that whenever an employer employs a driver, he has to take reasonable care to see that his employee gets his driving license renewed within time. The court also observed that if the driver doesn’t renew his license, the insurance employee cannot be held liable unless it is proved by the owner that either he checked the license or he gave orders to his drivers to renew his license on expiry. 

In the instant case, Beli Ram hired Rajinder Kumar as a driver and Rajider met with an accident while driving a truck that belonged to Beli Ram. Rajinder filed a petition under Workmen’s Compensation Act, 1923. The commissioner passed an award directing the insurance to pay Rs 94,464/- for injuries suffered and Rs 67,313/- for medical expenses. Interest was directed to be paid by the employer. When appealed in High Court, the HC released the insurance company from any liability considering that there was a material breach of insurance policy inasmuch as the driver/claimant’s driving license had expired at the relevant time. 

When the case reached Supreme Court, the only question Supreme Court had before it was that whether in case of a valid driving license, if the license has expired, the insured is absolved of its liability or not?

Taking the case of Swaran Singh into consideration where the license was not renewed for a short period of time i.e. one month the benefit was given to the third party by burdening the insurance company but in the instant case, the time period was of three years and that too in respect of commercial vehicle like a truck which shows negligence by the appellant. The court said that “The appellant showed gross negligence in verifying the same”. 

The bench also observed and considered the observation in the cases of Tata AIG General Insurance Co. Ltd. V. Akansha & Ors., Oriental Insurance Co. Ltd. V. Manoj Kumar & Ors, and the case of National Insurance Co. Ltd. V. Hem Raj. 

After taking note of the above cases the bench observed “We have reproduced the aforesaid observation as it is our view that it sets forth lucidly the correct legal position and we are in complete agreement with the views taken in all the three judgments of three different High Courts with the culmination being elucidation of the correct legal position in the judgment in Hem Raj Case”.

 

[READ JUDGMENT] 



Share this article:



Leave a feedback about this
TRENDING NEWS

arvind-kejriwal-moves-supreme-court-to-extend-interim-bail-by-week-for-medical-tests
Trending Executive
Arvind Kejriwal moves Supreme Court to extend interim bail by 1 week for medical tests

Arvind Kejriwal seeks Supreme Court extension of interim bail by one week for medical tests in Delhi excise policy case amid ongoing ED investigation.

27 May, 2024 11:24 AM
delhi-high-court-to-become-indias-first-to-offer-wi-fi-access-for-all-visitors
Trending Legal Insiders
Delhi High Court to Become India's First to Offer Wi-Fi Access for All Visitors

Delhi High Court to offer Wi-Fi to all visitors, improving network connectivity and efficiency. Inauguration by Acting Chief Justice Manmohan on May 29, 2024.

27 May, 2024 11:56 AM

TOP STORIES

no-interim-relief-to-forest-essentials-in-trademark-fight-against-baby-forest-in-delhi-hc
Trending Business
No interim relief to Forest Essentials in trademark fight against Baby Forest in Delhi HC

Delhi HC denies interim relief to Forest Essentials in trademark case against Baby Forest, citing "forest" as generic. Next hearing on July 10.

22 May, 2024 11:35 AM
supreme-court-dismisses-plea-for-review-of-judgment-on-article-370
Trending Judiciary
Supreme Court dismisses plea for review of judgment on Article 370 [Read Order]

SC dismisses petitions challenging its ruling on Article 370, affirming the Centre's decision to revoke J&K's special status and create two Union Territories.

22 May, 2024 12:55 PM
manish-sisodia-bail-court-cites-great-betrayal-of-democratic-principles-in-liquor-policy-case
Trending Judiciary
Manish Sisodia Bail: Court Cites "Great Betrayal of Democratic Principles" in Liquor Policy Case

Delhi HC rejects Manish Sisodia's bail plea in the liquor policy scam case, calling his conduct a "great betrayal of democratic principles" and a misuse of power.

22 May, 2024 01:11 PM
conduct-not-free-from-blemish-sc-refuses-to-consider-plea-by-hemant-soren
Trending Judiciary
'Conduct not free from blemish,' SC refuses to consider plea by Hemant Soren

SC denies interim bail plea of ex-Jharkhand CM Hemant Soren in money laundering case, citing his conduct is blemished for withholding facts.

22 May, 2024 01:55 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email