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march 2009

Supreme Court of India · 2009-03-05

Bhuwan Singh vs M/S Oriental Insurance Co.Ltd.& Anr

Citation / case number
AIR 2009 SUPREME COURT 2177
Court
Supreme Court of India
Petitioner
Bhuwan Singh
Respondent
M/S Oriental Insurance Co.Ltd.& Anr
Author
S.B. Sinha
Bench
Mukundakam Sharma, S.B. Sinha

Judgment text excerpt

The Supreme Court held that under Section 149 of the Motor Vehicles Act, 1988, the insurance company is liable to indemnify the owner of the vehicle unless it proves that the driver was not holding a valid license. The Court found that the appellant, as the owner, was entitled to reimbursement despite the insurance company's claims, as it failed to establish any breach of policy conditions. The appeal was allowed, overturning the High Court's dismissal of the claimants' compensation award of Rs. 1,32,000/-.

Bhuwan Singh vs M/S Oriental Insurance Co.Ltd.& Anr · Niyam