Insurer not absolved from paying damages merely because erring driver had fake driving licence

Last updated: 18 November 2022

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Quick Summary

The High Court has ruled that an insurance company cannot avoid paying compensation to the family of a deceased employee simply because the employee's driving licence was found to be fake. The court emphasised that if an employee dies in the course of their employment, the employer's insurer remains liable, even if the employee had obtained employment using false qualifications. This decision aims to protect dependants from being denied compensation.

Court :
Delhi High Court

Brief :
A truck driver murdered while he was in process of delivering the goods to the destined party has killed in the course of employment. Once relationship between an employee and employer established, then employer cannot deny payment of compensation to the deceased drivers' family members. The objection raised by employer as well as an insurance company that driving license of the deceased driver was fake does not absolved insurance company for payment of compensation.

Citation :
FAO 248/2022 & CM.APPL NO. 42123/2022 (STAY)

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