Supreme Court of India · 2003-07-17
Jitendra Kumar vs Oriental Insurance Co. Ltd. & Anr
- Citation / case number
- AIR 2003 SUPREME COURT 4161
- Court
- Supreme Court of India
- Petitioner
- Jitendra Kumar
- Respondent
- Oriental Insurance Co. Ltd. & Anr
- Bench
- N.Santosh Hegde, B.P.Singh
Judgment text excerpt
The Supreme Court held that the absence of a valid driving license for the driver does not automatically justify the repudiation of an insurance claim if the accident was caused by mechanical failure, as per the principles established in the case of New India Assurance Company Ltd. vs. Kamla & Ors. (2001 4 SCC 342). The Court found that the National Commission and State Commission erred in their conclusions, emphasizing that the driver’s lack of a valid license was not a ground for denying the claim when the accident was not due to the driver's fault. The appeal was allowed, reversing the decisions of the lower commissions and reinstating the District Forum's order for compensation.