“Fake Or Invalid Driving Licenses Are Not Valid Defenses To Avoid Liability Of Insurer”: J&K High Court

“Mere absence, fake or invalid driving license or disqualification of the driver to drive at the relevant time, are not in themselves defenses available to the insurer either against the insured or the third parties. To avoid its liability towards the insured, the insurer has to prove that the insured was guilty of negligence and failed to exercise reasonable care in the matter of fulfilling the condition of the policy. The Jammu and Kashmir High Court stated in an appeal filed by National Insurance Company Limited (NICL) challenging the order of the Motor Accident Claims Tribunal, Jammu which had directed the appellant/insurer (NICL) to pay a sum of Rs. 88,045/- along with pendente lite and future interest at the rate of 7.5% per annum to the claimant for the injuries suffered by him in a motor vehicular accident caused due to rash and negligent driving of the offending vehicle by its driver.”