Insurer cannot avoid claim based on absence/fake/invalid driving licence

National Insurance Company Limited Vs Mushtaq Ahmad Kutary (Jammu and Kashmir High Court) Held that absence, fake or invalid driving licence or disqualification of driver to drive, are not in themselves defences available to the insurer against either insured/ third parties, to avoid liability towards insured. Insurer has to prove that insured was guilty of negligence and failed to exercise reasonable care. Facts- As the offending vehicle turned turtle, resultantly passenger travelling in the vehicle got serious injured. Thus, respondent (claimant) sought compensation of Rs. 40 Lakhs before th...