Report No. 51
15. Driver not licensed.-
The second situation mentioned in the letter1 is of a simpler character. Where the driver is not licensed, it is the positive provision in the Motor Vehicle Acts which constitutes the impediment to recovery. The supposed rationable behind the present situation appears to be that if the driver was not licensed, (i) the accident cannot be attributed to any fault as could have been done if the driver was licensed, and (ii) it is unfair to expect the insurer to pay, when such an obvious precaution as that of engaging a competent driver was not taken by the owner.
Such a situation is not likely to occur frequently; but when it occurs, the possible remedy (at present) is to sue the owner of the vehicle himself,-category (a) above. If this remedy is considered insufficient, then the other alternative would be to remove the present restriction in the Motor Vehicles Act, and thereby make category (b) above applicable. If even that is considered inadequate, category (c) could be thought of.
1. Section 96(2)(b)(ii), Motor Vehicles Act.
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