NEW INDIA ASSURANCE CO.LTD. vs ROSHANBEN RAHEMANSHA FAKIR

The Supreme Court upheld the decision of the Gujarat High Court affirming the Motor Accident Claims Tribunal's ruling that the insurance claim was valid despite the driver not holding a proper driving license. The Court noted that the vehicle in question was classified as a goods-carrying public carrier under Rule 51 of the Central Motor Vehicles Rules, 1989, and that the insurance contract covered such a vehicle. The Court emphasized that the lack of a valid license did not absolve the insurer from liability under Section 173 of the Motor Vehicles Act, 1988.