Supreme Court · 2008 INSC 302 · Decided 4 March 2008
Sardari & ORS. v. Sushil Kumar & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 302 · [2008] 3 S.C.R. 929
- Case number
- CIVIL APPEAL No. 1733/2008
- Decided
- 4 March 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution; Motor Vehicles Act Section 147, 149
Headnote
·~ Motor Vehicles Act, 1939 - Motor accident - Death caused - Driver of the offending vehicle admittedly not holding licence - Compensation - Liability to pay - Held: Liability to c pay the compensation is not on the insurance company since the driver of the offending vehicle was not are liable. Appellants filed application seeking compensation under Motor Vehicles Act, 1939, for death caused in an D accident with a tractor. Insurance Company contended that it was not liable to pay the compensation as the driver of the tractor did not hold a licence. The driver in his
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