Supreme Court · 2006 INSC 537 · Decided 22 August 2006

Lal Chand v. Oriental Insurance CO. LTD.

Court
Supreme Court of India
Citation
2006 INSC 537 · [2006] SUPP. 5 S.C.R. 210
Case number
CIVIL APPEAL No. 3623/2006
Decided
22 August 2006
Bench
AR. LAKSHMANAN, TARUN CHATTERJEE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Motor Vehicles Act Section 149(2)(a)(ii), 174

Headnote

Motor Vehicles Act, 1988-Section 149(2)(a)(ii)-Liability of insurer­ Defence of fake licence of driver-Effect of-Held: Insurer has to prove that C the insured-vehicle owner erred in verifYing the genuineness of the licence held by the driver-Where owner is satisfied himself that the driver has be absolved of its liability. Vehicle owner employed a driver. Vehicle met with an accident. It was D insured with the respondent-insurance company. Tribunal awarded compensation to the claimants making insurance company liable to pay compensation. Insurance Company challenged the award. High

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