Supreme Court · 2013 INSC 563 · Decided 26 August 2013

Pepsu Road Transport Corporation v. National Insurance Company,

Court
Supreme Court of India
Citation
2013 INSC 563 · [2013] 9 S.C.R. 266
Case number
CIVIL APPEAL No. 8276/2009
Decided
26 August 2013
Bench
GYAN SUDHA MISRA, KURIAN JOSEPH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Motor Vehicles Act

Headnote

MOTOR VEHICLES ACT, 1988: c s. 149 (2) (a) (ii) - Plea of fake driving licence raised by insurer-Held: Onus is on the insurer to establish the defence - As far as owner of vehicle is concerned, when he hires a driver, he has to check whether the driver has a valid driving licence - Thereafter himself as to the 0 competence of the driver - If that is done, it can be said that the owner had taken reasonable care in employing a person who is qualified and competent to drive the vehicle - He is not expected to verify the genuineness of driving licence with the licensing authority- In

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