Motor Vehicles Act, 1988–Secs. 149(2)(a)(ii)–Driver of vehicle was having the fake driving licence–Award of compensation by Tribunal with giving the recovery rights to the appellant-Insurance Company–High Court reversed the order upto the extent of giving the recovery rights–Insurance policy in question did not postulate that a driving skill test should compulsorily be taken before employing a chauffeur to drive the insured vehicle–No such mandate in the statutory provisions–Neither the statutory provisions of Sec. 149(2)(a)(ii) nor the insurance policy provide that the owner of the insured vehicle must, as a rule, get the driving licence of the person employed as a driver for the said vehicle, verified and checked with the concerned transport authorities–Held, petitioner-Insurance Company cannot blithely claim that the deceased owner did not conduct due diligence while employing the driver–Further, the Insurance Company did not raise such plea–its stand was that the accident had occurred due to negligence of the victim himself–Interference declined.
