Bajaj Allianz General Insurance Company Limited v. Radheshyam
Case brief
What is this about?
Chhattisgarh High Court MAC appeal dismissed; Section 173 Motor Vehicles Act 1988 appeal by Bajaj Allianz General Insurance Company; plea that driver of offending motorcycle C.G. 12-At-0496 had no valid driving licence failed; insurer made RTI query to RTO Bilaspur, reply was document cannot be supplied for incomplete information, and insurer took no further steps to prove absence of licence; award dated 23.12.2019 of 5th Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.436/2018 fastening Rs.9,27,200/- liability on insurer upheld; Justice Sanjay K. Agrawal (Single Bench); decided 20/04/2026; respondents unrepresented.
What did the court decide?
The plea of the Insurance Company that the driver of the offending vehicle did not hold a valid and effective driving licence cannot be accepted, as the Company took no effective steps to establish that fact.