Supreme Court of India · 2008-04-29
Oriental Insurance Co. Ltd vs Zaharulnisha & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 2218
- Court
- Supreme Court of India
- Petitioner
- Oriental Insurance Co. Ltd
- Respondent
- Zaharulnisha & Ors
- Author
- Lokeshwar Singh Panta
- Bench
- S. B. Sinha, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court held that under Section 149(2) of the Motor Vehicles Act, 1988, an insurance company is not liable to pay compensation if the driver of the vehicle does not possess a valid driving license for that class of vehicle. The Court found that the High Court erred in dismissing the insurance company's appeal without addressing this critical legal issue. Consequently, the Court allowed the appeal and set aside the High Court's order, emphasizing the need for proper adjudication of the liability between the insurance company and the vehicle owner.