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.