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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)