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.