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july 2003

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.

Jitendra Kumar vs Oriental Insurance Co. Ltd. & Anr · Niyam