Supreme Court of India · 2004-02-12
Punam Devi And Anr vs Divisional Manager, New India ...
- Citation / case number
- AIR 2004 SUPREME COURT 1742
- Court
- Supreme Court of India
- Petitioner
- Punam Devi And Anr
- Respondent
- Divisional Manager, New India ...
- Bench
- S.B. Sinha, S.H. Kapadia
Judgment text excerpt
The Supreme Court held that under Section 149(2) of the Motor Vehicles Act, an insurance company cannot challenge the quantum of compensation awarded by the Tribunal unless it proves that the insured was negligent or failed to fulfill policy conditions regarding the driver's license. The Court emphasized that the insurer must provide evidence that the driver lacked a valid license, which it failed to do in this case. Consequently, the Court set aside the Division Bench's order and allowed the appeal, affirming the Tribunal's award.