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The Supreme Court has reiterated that if a driver of an offending vehicle fails to have in his possession a valid driving license, then the courts can order “Pay and Recover” to the insurance company. The insurance company can then pay the victim involved and then recover the given amount from the owner of the offending vehicle.
In the instant case, the then cabinet minister of Punjab, Captain Kanwaljit Singh, was being driven in a Hyundai Elantra car by Parminder Singh, the driver of the car from Ludhiana. The car collided with the truck which came at a very high speed from the opposite direction. Captain Kanwaljit had succumbed to his injuries the same day, whereas the driver survived but was left permanently disabled. He was awarded a compensation of Rs. 21, 06,000 by the High Court which increased the compensation awarded to him by the Motor Accidents Claims Tribunal.
In an appeal filed by him, the Supreme Court Bench comprising of Justice Indu Malhotra and Justice MR Shah observed that the compensation awarded to him were highly insufficient given his medical expenses , including 5 surgeries , including a surgery for a severe head inquiry and 12 throat injuries. The court also noted that the evidence adduced from the Regional Transport Office prove that drivers of the two offending trucks were driving with invalid driving licenses. Thus, the court reiterated its judgment from Shamanna & Ors. V. The Divisional Manager, The Oriental Insurance Co. Ltd & Ors., where it had held that if the driver of an offending vehicle is not in possession of valid driver’s license, the insurance company can be ordered to pay the victim and recover the amount from the owner of the offending vehicles, based on the Principle of “Pay and Recover”.
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