Supreme Court · 2004 INSC 103 · Decided 12 February 2004

Punam Devi and ANR. v. Divisional Manager, New India Assurance CO. LTD. and ORS.

Court
Supreme Court of India
Citation
2004 INSC 103 · [2004] 2 S.C.R. 354
Case number
CIVIL APPEAL No. 7191/2002
Decided
12 February 2004
Bench
V.N. KHARE, S.B. SINHA, S.H. KAPADIA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Motor Vehicles Act Section 149(2)

Headnote

Motor Vehicles Act, 1988 S. I 49(2)-Motor Accident claim-Before Tribunal Insurance company neither pleaded nor led any evidence that driver of vehicle did not have any licence-Claimants/heirs of deceased awarded compensation-Insurance Company's appeal dismissed by Single Judge of High back upon framing issues for determination by D Single Judge-Held, the only ground open to insurer is contained in Section I 49(2) of the Motor Vehicles Act-The burden of proof that driver did not have a licence was upon insurer which it failed to discharge-Division Bench erred in allowing

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