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august 2006

Supreme Court of India · 2006-08-22

Lal Chand vs Oriental Insurance Co. Ltd

Citation / case number
2006 AIR SCW 4832
Court
Supreme Court of India
Petitioner
Lal Chand
Respondent
Oriental Insurance Co. Ltd
Author
Ar. Lakshmanan
Bench
Ar. Lakshmanan, Tarun Chatterjee

Judgment text excerpt

The Supreme Court upheld the Tribunal's award of compensation under the Motor Vehicles Act, stating that the Insurance Company is liable to pay the claimants as the owner did not breach the insurance policy terms. The High Court's modification, which allowed the Insurance Company to recover the compensation amount from the owner based on Kamla's case (2001 (4) SCC 342), was contested. The Court found that the owner had taken adequate care in verifying the driver's license and that the High Court failed to appreciate the evidence presented by the Tribunal. The appeal was allowed, and the delay in filing was condoned.

Lal Chand vs Oriental Insurance Co. Ltd · Niyam