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april 2008

Supreme Court of India · 2008-04-08

NATIONAL INSURANCE CO. LTD. vs TULNA DEVI .

Citation / case number
SC 2004/16849
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO. LTD.
Respondent
TULNA DEVI .
Bench
P.P. NAOLEKAR & V.S. SIRPURKAR

Judgment text excerpt

The Supreme Court held that under Section 149(2)(a)(ii) of the Motor Vehicles Act, the Insurance Company cannot avoid liability for compensation due to the driver's disqualification or invalid driving license unless it proves negligence on the part of the insured. The Court emphasized that mere absence or invalidity of the driving license does not absolve the insurer of its liability towards third parties. The appeals were dismissed as the Insurance Company failed to provide evidence of negligence by the vehicle owner in ensuring the driver was duly licensed.

NATIONAL INSURANCE CO. LTD. vs TULNA DEVI . · Niyam