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march 2009

Supreme Court of India · 2009-03-24

M/S United India Insurance Co. Ltd vs Sukh Deo Yadav

Citation / case number
AIR 2009 SC (SUPP) 1910
Court
Supreme Court of India
Petitioner
M/S United India Insurance Co. Ltd
Respondent
Sukh Deo Yadav
Author
Arijit Pasayat
Bench
Arijit Pasayat, Asok Kumar Ganguly

Judgment text excerpt

The Supreme Court upheld the dismissal of the insurer's revision petition by the National Consumer Disputes Redressal Commission, affirming the State Commission's order that directed the insurer to pay compensation for the vehicle damage. The Court found that the insurer's claim of fraud was not substantiated, as the evidence presented did not conclusively prove that the vehicle was driven by an unlicensed driver at the time of the accident. The Court emphasized the importance of the evidentiary value of the case diary and post-mortem report in determining the driver’s identity, ultimately ruling in favor of the claimant.

M/S United India Insurance Co. Ltd vs Sukh Deo Yadav · Niyam