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april 2008

Supreme Court of India · 2008-04-29

ORIENTAL INSURANCE CO.LTD. vs ZAHARULNISHA .

Citation / case number
SC 2006/26985
Court
Supreme Court of India
Petitioner
ORIENTAL INSURANCE CO.LTD.
Respondent
ZAHARULNISHA .
Author
Lokeshwar Singh Panta
Bench
LOKESHWAR SINGH PANTA S. B. SINHA

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 hold a valid driving license for the class of vehicle involved in the accident. The Court found that the driver, Ram Surat, was only licensed to drive Heavy Motor Vehicles and thus could not legally operate the two-wheeler scooter that caused the accident. Consequently, the appeal by the insurance company was allowed, overturning the High Court's dismissal of their challenge to the compensation award.

ORIENTAL INSURANCE CO.LTD. vs ZAHARULNISHA . · Niyam