Supreme Court · 2005 INSC 269 · Decided 9 May 2005

National Insurance Corporation LTD. v. Kanti Devi and ORS.

Court
Supreme Court of India
Citation
2005 INSC 269 · [2005] SUPP. 1 S.C.R. 186
Case number
CIVIL APPEAL No. 3197/2005
Decided
9 May 2005
Bench
ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Motor Vehicles Act Section 149(2)(a)(ii), 166

Headnote

Motor Vehicles Act, 1988-Section 149(2)(a)(ii)-Motor accident- Death-Claim for compensation-Plea of insurer that driver of the alleged c vehicle did not hold requisite driving licence to drive that type of vehicle- Award of claim-Liability put on insurer with right to recover it from insured- held: Jn view of a subsequent judgment of Supreme Court insurer can take the defence that the driver did not have the requisite driving licence to drive a particular type of vehicle-Onus is on the insurer to prove ,,D that insured did not take adequate care to verifY genuineness of the licence

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