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september 2008

Supreme Court of India · 2008-09-24

UNITED INDIA INSURANCE CO. LTD. vs RAKESH KUMAR ARORA .

Citation / case number
SC 2004/19871
Court
Supreme Court of India
Petitioner
UNITED INDIA INSURANCE CO. LTD.
Respondent
RAKESH KUMAR ARORA .
Author
S.B. SINHA,CYRIAC JOSEPH, , ,
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court upheld the decision of the Punjab and Haryana High Court regarding the liability of the insurance company under Section 173 of the Motor Vehicles Act, 1988. The Court found that the driver, Karan Arora, was a minor without a valid driving license at the time of the accident, and thus the owner of the vehicle did not breach the insurance contract. The Court emphasized that the owner could not be held liable for a breach as there was no evidence of deliberate consent to allow the minor to drive the vehicle, affirming the High Court's ruling that the insurance company was not liable for compensation.

UNITED INDIA INSURANCE CO. LTD. vs RAKESH KUMAR ARORA . · Niyam