Supreme Court · 2020 INSC 263 · Decided 4 March 2020
Nirmala Kothari v. United India Insurance CO. LTD.
- Court
- Supreme Court of India
- Citation
- 2020 INSC 263 · [2020] 3 S.C.R. 1189
- Case number
- CIVIL APPEAL No. 1999/2020
- Decided
- 4 March 2020
- Bench
- NAVIN SINHA, KRISHNA MURARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 149(2)(a)(ii), 149(2)(a)
Headnote
Motor Vehicles Act, 1988 - s.149(2)(a)(ii) - Fatal accident - Insurance claim - Repudiation of claim on the ground that driver did not possess proper driving licence at the time of accident which amounted to breach of conditions under s.149(2)(a) - Plea of insurance been issued by the licencing authority, Sheikh Sarai, Delhi could not be verified as the concerned officer of the licencing authority deposed that the record of the licence was not available with them - Held: While hiring a driver, an employer is expected to verify if the driver has a
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