Supreme Court of India · 2008-03-04
Sardari & Ors vs Sushil Kumar & Ors
- Court
- Supreme Court of India
- Petitioner
- Sardari & Ors
- Respondent
- Sushil Kumar & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court held that under Section 110-A of the Motor Vehicles Act, 1939, the absence of a valid driving license for the driver of the tractor, Sushil Kumar, absolves the insurance company from liability for compensation. The Tribunal found that Sushil Kumar admitted to not holding a valid license, leading to the dismissal of the compensation claim. The High Court's contrary finding regarding negligence was not sufficient to impose liability on the insurance company, thus upholding the Tribunal's decision.