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april 1985

Supreme Court of India · 1985-04-25

NARCINVA V. KAMAT AND ANR. ETC. vs ALFRED ANTONIO DOE MARTINS AND ORS.

Citation / case number
SC 1985/67017
Court
Supreme Court of India
Petitioner
NARCINVA V. KAMAT AND ANR. ETC.
Respondent
ALFRED ANTONIO DOE MARTINS AND ORS.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court modified the High Court's judgment, mandating the Insurance Company to satisfy the award with interest at 12% from the date of the accident. The Court held that a partner driving a firm-owned vehicle is deemed to have the owner's permission, thus establishing the insurance company's liability. The burden of proof regarding the breach of contract lies with the insurance company, which failed to demonstrate that the driver lacked a valid driving license, thereby reinforcing the principle that the insurer cannot evade liability under the insurance contract.

NARCINVA V. KAMAT AND ANR. ETC. vs ALFRED ANTONIO DOE MARTINS AND ORS. · Niyam