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march 2007

Supreme Court of India · 2007-03-08

ISHWAR CHANDRA vs THE ORIENTAL INSURANCE CO.LTD

Citation / case number
SC 2006/18096
Court
Supreme Court of India
Petitioner
ISHWAR CHANDRA
Respondent
THE ORIENTAL INSURANCE CO.LTD
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court upheld the decision of the Motor Accidents Claims Tribunal under Section 166 of the Motor Vehicles Act, 1988, affirming the compensation awarded to the claimants due to the negligent driving of a tractor that resulted in the death of Reshma Devi. The Court clarified that the insurance company could recover the compensation amount from the vehicle owner without filing a suit, provided the driver was not holding a valid license at the time of the accident, as established in National Insurance Company Limited v. Swaran Singh. The review application by the insurance company was dismissed, reinforcing the principle that liability arises despite the driver's license status at the time of the accident.

ISHWAR CHANDRA vs THE ORIENTAL INSURANCE CO.LTD · Niyam