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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