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september 2008

Supreme Court of India · 2008-09-17

NATIONAL INSURANCE CO. LTD. vs VIDHYADHAR MAHARIWALA .

Citation / case number
SC 2007/18962
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO. LTD.
Respondent
VIDHYADHAR MAHARIWALA .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,HARJIT SINGH BEDI, , ,

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. The Court ruled that the insurance company could not be exonerated from liability despite the driver's license being invalid at the time of the accident, as it was renewed shortly thereafter. The Court cited Section 114 of the Indian Evidence Act, 1872, and established that a gap in the renewal of a driving license does not automatically disqualify a driver from being competent to operate a vehicle.

NATIONAL INSURANCE CO. LTD. vs VIDHYADHAR MAHARIWALA . · Niyam