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january 2008

Supreme Court of India · 2008-01-22

National Insurance Company Ltd vs Annappa Irappa Nesaria & Ors

Citation / case number
AIR 2008 SUPREME COURT 1418
Court
Supreme Court of India
Petitioner
National Insurance Company Ltd
Respondent
Annappa Irappa Nesaria & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, H.S. Bedi

Judgment text excerpt

The Supreme Court upheld the decision of the Karnataka High Court, affirming the Motor Accident Claims Tribunal's award in favor of the claimants despite the insurance company's contention regarding the driver's license validity. The Court noted that the vehicle's unladen weight was below 7500 kgs, qualifying it as a light motor vehicle (LMV) under the Motor Vehicles Act, thus the driver was authorized to operate it. The Court held that the insurance company remains liable to satisfy the award, rejecting the appeal under Section 149 of the Motor Vehicles Act.

National Insurance Company Ltd vs Annappa Irappa Nesaria & Ors · Niyam