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january 2008

Supreme Court of India · 2008-01-18

Premkumari & Ors vs Prahlad Dev & Ors

Citation / case number
AIR 2008 SUPREME COURT 1073
Court
Supreme Court of India
Petitioner
Premkumari & Ors
Respondent
Prahlad Dev & Ors
Author
P. Sathasivam
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court addressed the liability of the insurer under the Motor Vehicles Act, 1988, specifically Sections 166A and 140, in a case where the driver of the offending vehicle was found to possess a fake driving license. The Court upheld the High Court's decision that the insurer was not liable for compensation due to the driver's lack of a valid license, affirming the principle that an insurer is not liable if the driver is unqualified. The appeal was dismissed, maintaining the exoneration of the insurance company from liability.

Premkumari & Ors vs Prahlad Dev & Ors · Niyam