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july 2003

Supreme Court of India · 2003-07-17

JITENDRA KUMAR vs ORIENTAL INSURANCE CO. LTD.

Citation / case number
SC 2001/19398
Court
Supreme Court of India
Petitioner
JITENDRA KUMAR
Respondent
ORIENTAL INSURANCE CO. LTD.
Author
SANTOSH HEGDE
Bench
N.SANTOSH HEGDE & B.P.SINGH

Judgment text excerpt

The Supreme Court held that the requirement of a valid driving licence is not a condition precedent for claiming damages from an insurance company if the accident occurs due to no fault of the driver. The Court reversed the National Consumer Disputes Redressal Commission's dismissal of the appellant's revision petition, emphasizing that the mechanical failure leading to the vehicle fire was not attributable to the driver's actions. Consequently, the Court restored the District Forum's order directing the insurance company to pay damages, compensation, and litigation costs to the appellant.

JITENDRA KUMAR vs ORIENTAL INSURANCE CO. LTD. · Niyam