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april 2009

Supreme Court of India · 2009-04-30

Oriental Insurance Co. Ltd vs Jyotsna Sarkar & Ors

Court
Supreme Court of India
Petitioner
Oriental Insurance Co. Ltd
Respondent
Jyotsna Sarkar & Ors
Bench
B. Sudershan Reddy, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court set aside the High Court's order dated 2/1/2001, which had dismissed the Insurance company's appeal at the admission stage. The Court held that the Insurance company is entitled to recover the compensation amount awarded to the claimant from the vehicle owner, as the driver's license was found to be fake, thus implicating the owner in liability. The ruling clarifies the rights of the Insurance company to seek reimbursement under these circumstances, with no costs awarded.

Oriental Insurance Co. Ltd vs Jyotsna Sarkar & Ors · Niyam