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april 2008

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.

Oriental Insurance Co. Ltd vs Zaharulnisha & Ors · Niyam