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march 2008

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.

Sardari & Ors vs Sushil Kumar & Ors · Niyam