Question: Sir, What happens if a driver is not holding a valid driving licence at the time of accident? If the complainant is 72 years old and has no valid driving licence at the time of accident, what is my accused liability in a criminal case? I have all documents completed so what happened sir in the criminal trial case.
Asked from: Bihar
When the driver did not hold a valid driving licence at the time of accident the insurance company is not liable to compensate as per the terms and conditions of the insurance policy.
The owner is personally liable to compensate and suffer all the liabilities personally arose under the Motor Vehicle Act [New India Assurance Co. Ltd. v. Suresh Chandra Aggarwal, (2009) 15 SCC 761].
In your case, the person shall be liable for the offence irrespective of his age. But his age will play a mitigating factor in determining the quantum of sentence.