Supreme Court · 2004 INSC 537 · Decided 21 September 2004

National Insurance CO. LTD. v. Challa Upendra Rao and ORS.

Court
Supreme Court of India
Citation
2004 INSC 537 · [2004] SUPP. 4 S.C.R. 587
Case number
CIVIL APPEAL No. 6178/2004
Decided
21 September 2004
Bench
ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
Outcome
Leave Granted & Disposed off
Case type
Civil
Acts & sections cited
Motor Vehicles Act Section 149(2), 166

Headnote

B Motor Vehicles Act, 1988: Section 149(2)-Claim petition-Resisting of-Statutory defences available to the Insurer-Held: Are confined only to those available under C s. 149(2). Section 149(2)(b)(i)(a)-Driving of vehicle-Without permit to ply- For hire or reward-High Court was of the view that arise­ Correctness of-Held: High Court's view is clearly fallacious-Plying of a D vehicle without a permit is an infraction-A person without a permit to ply a vehicle cannot be placed at a better pedestal vis-a-vis one who has a permit, but has violated any condition thereof-Therefore, in

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