• 2 DL at the same time

Dear sirs
the insurance company  is not settleing the claim of my car accident on the point that i was holding
two DL at the time of accident.
piease guide and help.
regards
yogesh kumar jain
Asked 4 years ago in Civil Law

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14 Answers

Send a legal notice to the Insurance Company.

If your claim is not settled despite the legal notice, file a com plaint against this Insurance CO. in the Consumer Court.

FYI, it is well settled principle of law that a person cannot hold two driving licenses at the same time in view of Section 6 of the MV Act.

Vibhanshu Srivastava
Advocate, New Delhi
9422 Answers
235 Consultations

5.0 on 5.0

Sub-sec. 2(b) of sec. 96 of MV act provides that the insurer is not liable to satisfy the judgments against the persons insured if there has been a breach of a specified condition of the policy. One of the conditions of the policy specified under clause (ii) is that the vehicle should not be driven by any person who is not duly licensed, or by any person who has been disqualified from holding or obtaining driving licence during the period of disqualification.

2) the insurance company, in the event of an accident, would be liable only if the vehicle was being driven by a person holding a valid driving licence or a permanent driving licence 'other than a learner's licence'.

3) Insurer is entitled to raise a defence in a claim petition filed under Section 163 A or Section 166 of the Motor Vehicles Act, 1988 inter alia in terms of Section 149(2)(a)(ii) of the said Act.

(iii) The breach of policy condition e.g., disqualification of driver or invalid driving licence of the driver, as contained in sub- section (2)(a)(ii) of section 149, have to be proved to have been committed by the insured for avoiding liability by the insurer.

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Hello,

One should not have multiple licenses, and the same is illegal as per the law of the land.

The Insurance Agency can deny the claim on this ground

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

The same has been held in the case of JAI PARKASH GOYAL versus UNITED INDIA INSURANCE COMPANY LTD., II(2010) CPJ 183 (NC). the court in this case has observed that

4. Before the State Commission it was urged by the Counsel for the complainant that possessing of two driving licences by a driver may be an offence under the Motor Vehicles Act, but the same is not sufficient to deny the claim of the complainant. when holding of two licences is prohibited under the law and is an offence, we fail to understand as to how and why the same cannot be pressed into service for rejecting the claim since holding of two licences at the same time would not only be in contravention of Rule 6 would be that the second driving licence obtained by a person would be invalid for all practical purposes as the same was obtained in contravention of Provision 6 of the said Act. Any other interpretation would be the violation of the provision of the said Act. Besides this, it was also found that the tanker in question was overloaded in breach of policy conditions which contributed to the accident.

Regards

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

The same has been held in the case of JAI PARKASH GOYAL versus UNITED INDIA INSURANCE COMPANY LTD., II(2010) CPJ 183 (NC). the court in this case has observed that

4. Before the State Commission it was urged by the Counsel for the complainant that possessing of two driving licences by a driver may be an offence under the Motor Vehicles Act, but the same is not sufficient to deny the claim of the complainant. when holding of two licences is prohibited under the law and is an offence, we fail to understand as to how and why the same cannot be pressed into service for rejecting the claim since holding of two licences at the same time would not only be in contravention of Rule 6 would be that the second driving licence obtained by a person would be invalid for all practical purposes as the same was obtained in contravention of Provision 6 of the said Act. Any other interpretation would be the violation of the provision of the said Act. Besides this, it was also found that the tanker in question was overloaded in breach of policy conditions which contributed to the accident.

Regards

You may take phone consultation with me if you want further insight on this topic.

Regards

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

hi, you can file A complaint at the consumer forum against the insurance company asking for the compensation..it is advisable to first send a legal notice to the insurance company prior filing of complaint...

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
65 Consultations

4.9 on 5.0

You have to read the terms of policy. I didn't get 2 driving license you mean the other is a duplicate or illegal. Pls specify. If the said case of your issue doesn't come under purview of your terms of contract and is illegal. They will not entertain your claim else they are bound to pass your claim. Depending on the same you need to approach Hon'ble Consumer Court for deficiency in service.

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

Please file a petition in the consumer court for not selling the claim by insurance company.

Having two DL at the same time is punishable offence which may be requested to condone .

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

File a representation to the insurance company stating that both of your DL was valid and that both were valid and effective at the time and data of accident. Hence the claim is maintainable.

Moreover the aspect of two DL is a matter of RTA and that has no bearing to the claim as long as your DL is valid and effective on the time of accident.

For further proceedings contact me.

Amit Kumar Banil
Advocate, Guwahati
7 Answers

4.0 on 5.0

what are the condition of insurance company ? what are the conditions of payment of claim ?

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

4.0 on 5.0

How did you hold two DLs at a time, why did you produce them for claim?

You can argue this matter before the court on the basis of merits in your side.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

how could i ask follow up question without receiving the reply of my first question.

You are given answers by many advocates, now you can revert with your further question.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

1. A person cannot hold two driving licenses at the same time.

2. Holding of two driving licenses by the insurer is a ground to reject the claim. Refer to the following passage from the judgment in The same has been held in the case of Jai Prakash Goyal v/s United India Insurance Company Ltd "Before the State Commission it was urged by the Counsel for the complainant that possessing of two driving licences by a driver may be an offence under the Motor Vehicles Act, but the same is not sufficient to deny the claim of the complainant. when holding of two licences is prohibited under the law and is an offence, we fail to understand as to how and why the same cannot be pressed into service for rejecting the claim since holding of two licences at the same time would not only be in contravention of Rule 6 would be that the second driving licence obtained by a person would be invalid for all practical purposes as the same was obtained in contravention of Provision 6 of the said Act. Any other interpretation would be the violation of the provision of the said Act. Besides this, it was also found that the tanker in question was overloaded in breach of policy conditions which contributed to the accident."

Ashish Davessar
Advocate, Jaipur
30759 Answers
958 Consultations

5.0 on 5.0

Hi,

As per the provisions of the Motor Vehicle Act, you are required to have valid driving license at the time of accident. In the present case, you need to clarify/justify as to how, you were holding 02 driving license at the time of accident. If case not resolved, proceed for MACT case.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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