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september 2008

Supreme Court of India · 2008-09-17

National Insurance Co. Ltd vs Vidhyadhar Mahariwala & Ors

Citation / case number
AIR 2009 SUPREME COURT 208
Court
Supreme Court of India
Petitioner
National Insurance Co. Ltd
Respondent
Vidhyadhar Mahariwala & Ors
Author
Arijit Pasayat
Bench
Harjit Singh Bedi, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the decision of the Rajasthan High Court affirming the Motor Claims Appellate Tribunal's award of Rs. 4,03,650/- to the claimant, despite the driver's license being invalid at the time of the accident on 11.6.2004. The Court ruled that a gap in the renewal of the driving license does not exonerate the insurance company from liability, referencing Section 114 of the Indian Evidence Act, 1872, which implies the driver was competent to drive. The Court cited precedents including National Insurance Co. Ltd. v. Swaran Singh, establishing that a license remains valid for 30 days post-expiry for renewal purposes.

National Insurance Co. Ltd vs Vidhyadhar Mahariwala & Ors · Niyam