Supreme Court Holds Insurer Not Liable When Driver's License Validity Not Proved by Primary Evidence

Case Snapshot

Case Name: Reliance General Insurance Company Ltd. v. Om Parkash & Ors.

Citation: 2026 INSC 767

Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh

Date of Judgment: July 30, 2026

Area of Law: Motor Accident Claims, Insurance Law, Evidence Law

The Judgment in One Line

Insurer not liable when driver's license validity is established through secondary evidence without proving unavailability of primary evidence.

Why This Judgment Matters

This judgment reinforces the fundamental evidentiary rule that primary evidence must be produced to prove the validity of a driving license. The Court held that official documents cannot be proved through oral testimony alone when the original record is available. It also clarified that a mere communication from a transport authority, unsupported by primary evidence, cannot establish license validity. Importantly, the Court placed the burden on owners to verify and ensure that drivers possess valid licenses, failing which the insurer cannot be held liable.

Background

A motor accident occurred on October 14, 2009, when the offending vehicle hit a two-wheeler. The issue of rash and negligent driving was not disputed. The Motor Accidents Claims Tribunal, Panipat, awarded compensation of Rs.86,95,947/- with 7.5% interest but held the insurer not liable because the driver did not possess a valid license at the time of the accident.

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