Supreme Court of India · 2008-03-04
SARDARI vs SUSHIL KUMAR .
- Citation / case number
- SC 2004/15887
- Court
- Supreme Court of India
- Petitioner
- SARDARI
- Respondent
- SUSHIL KUMAR .
- Author
- V.S. SIRPURKAR S.B. SINHA
- Bench
- V.S. SIRPURKAR S.B. SINHA
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 involved in the accident absolves the insurance company of liability for compensation. The Tribunal found that the driver, 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 deemed incorrect, reinforcing the principle that insurance liability is contingent upon compliance with licensing requirements.