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.