Supreme Court · 2008 INSC 553 · Decided 29 April 2008

Oriental Insurance CO. LTD. v. Zaharulnisha & ORS.

Court
Supreme Court of India
Citation
2008 INSC 553 · [2008] 7 S.C.R. 58
Case number
CIVIL APPEAL No. 3055/2008
Decided
29 April 2008
Bench
S.B. SINHA, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Motor Vehicles Act Section 149(2), 10(2), 10

Headnote

Motor Vehicles Act, 1988 - s. 149 (2) and 10 (2) - Motor accident causing death - By two wheeler scooter - Driver of c the offending vehicle not holding valid licence - Claim for compensation - Motor Accident Claims Tribunal as well as High Court awarding compensation - Direction to insurance. - On appeal, held: The driving of vehicle without a valid licence was in violation of s. 10 (2) - D Hence Insurance Company not liable to pay the compensation ).. - However, Insurance Company directed to satisfy the award with liberty to recover the same from the owner of the vehicle. Death was

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