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september 2008

Supreme Court of India · 2008-09-16

NATIONAL INSURANCE CO. LTD. vs HARBHAJAN LAL

Citation / case number
SC 2004/6073
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO. LTD.
Respondent
HARBHAJAN LAL
Author
B.N. AGRAWAL,G.S. SINGHVI, , ,
Bench
B.N. AGRAWAL,G.S. SINGHVI, , ,

Judgment text excerpt

The Supreme Court clarified that the ratio in Swaran Singh applies only to third-party claims, not to own damage cases, where the insurer must demonstrate that the driver's license was fake. The Court held that the National Commission erred in its decision, as the insurer is absolved of liability upon proving the fake license, thus restoring the District Forum's dismissal of the complaint. The appeal was allowed, and the orders of the State and National Commissions were set aside.

NATIONAL INSURANCE CO. LTD. vs HARBHAJAN LAL · Niyam