Supreme Court · 2018 INSC 36 · Decided 19 January 2018
Pappu and ORS. v. Vinod Kumar Lamba and ANR.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 36 · [2018] 1 S.C.R. 195
- Case number
- CIVIL APPEAL No. 20962/2017
- Decided
- 19 January 2018
- Bench
- DIPAK MISRA, D.Y. CHANDRACHUD, A.M. KHANWILKAR (3-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 149(2)(a)(ii)
Headnote
Motor Vehicles Act, 1988: s. 149(2)(a)(ii) - Motor vehicle accident - Liability of the insurance company - Onus to prove that offending vehicle was driven by unauthorized person - On whom - On facts, offending truck driven rashly and negligently, resulting in death of the Insurance company from its liability in respect of truck since the same was not driven by a person having a valid licence - On appeal, held: Insurance Company is entitled to take a defence that the offending vehicle was driven by an unauthorised person or the person driving the
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