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may 2005

Supreme Court of India · 2005-05-09

National Insurance Co. Ltd vs Mrs. Kanti Devi & Ors

Citation / case number
AIR 2005 SUPREME COURT 2850
Court
Supreme Court of India
Petitioner
National Insurance Co. Ltd
Respondent
Mrs. Kanti Devi & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court upheld the liability of the insurer under Section 166 of the Motor Vehicles Act, 1988, affirming the MACT's award of Rs.2,24,800/- to the claimant with interest. The Court clarified that the insurer cannot evade liability based on the driver's alleged lack of a valid driving license, as established in United India Insurance Co. Ltd. v. Lehru (2003) and National Insurance Co. Ltd. v. Swaran Singh (2004). The appeal by the insurer was dismissed, reinforcing the principle that the insurer retains the right to recover from the insured after compensating the claimant.

National Insurance Co. Ltd vs Mrs. Kanti Devi & Ors · Niyam