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september 2008

Supreme Court of India · 2008-09-16

National Insurance Co. Ltd vs Harbhajan Lal

Court
Supreme Court of India
Petitioner
National Insurance Co. Ltd
Respondent
Harbhajan Lal
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court clarified that the judgment in Swaran Singh applies only to third-party claims, not to cases involving own damage where the insurer must demonstrate that the driver's license was fake. The Court upheld the principle from National Insurance Company Limited vs. Laxmi Narain Dhut, stating that once the insurer proves the license is fake, it is absolved from liability. Consequently, the appeal was allowed, restoring the District Forum's dismissal of the complaint, while other civil appeals were dismissed without interference.

National Insurance Co. Ltd vs Harbhajan Lal · Niyam