The Punjab and Haryana High Court has dismissed an appeal filed by Sameer Gaba against an order granting an insurance company the right to recover motor accident compensation from him and the vehicle owner.
Justice Deepak Gupta held that Gaba’s Australian domestic driving licence, by itself, did not authorise him to drive in India. The Court also held that his subsequent acquittal in the criminal case did not automatically undo the finding of the Motor Accident Claims Tribunal that he was driving the vehicle.
Background of the Case
The case arose from a road accident on August 31, 2015, in which nine-month-old Jivika died. The Motor Accident Claims Tribunal, Kurukshetra, awarded ₹2,49,500 with 9% annual interest.
The Tribunal directed the insurer to pay the compensation first but allowed it to recover the amount from the driver and owner after finding that Gaba did not possess a valid and effective licence to drive in India. Gaba challenged this recovery direction before the High Court.
He argued that he was not driving the car and relied on his subsequent criminal acquittal. He also produced a driving licence issued by the competent authority in Victoria, Australia, which was valid until April 11, 2017.
The High Court considered a later statement made by Pankaj Kumar, the deceased child's father, during the criminal trial, where he stated that he could not see who was driving the car. However, before the Tribunal, he had identified Gaba as the driver.
The Court held that the criminal proceedings and motor accident claim proceedings operate under different standards of proof.
"An acquittal in the criminal case, therefore, does not ipso facto exonerate the appellant from civil liability arising out of the same occurrence."
The Court noted that the FIR, police record, Gaba’s arrest and prosecution, and the evidence recorded before the Tribunal supported the Tribunal’s finding on the identity of the driver.
The Court then examined the Australian licence. It noted that Gaba had not produced an Indian driving licence, a valid international driving permit for use in India, or any Indian authorisation or endorsement.
Justice Gupta observed:
"A foreign driving licence does not, merely because it is valid in the country of its issuance, automatically confer a right upon its holder to drive a motor vehicle in India."
The Court therefore agreed with the Tribunal that the Australian domestic licence did not satisfy the applicable requirements for driving in India.
The High Court dismissed the appeal and upheld the insurer’s recovery rights. It clarified that the insurance company must first satisfy the compensation award in favour of the claimants and may thereafter recover the amount in accordance with the Tribunal’s directions.
Case Details:
Case Title: Sameer Gaba v. Priyanka and Others
Case Number: FAO-6604-2016
Judge: Justice Deepak Gupta
Decision Date: September 7, 2026
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