Supreme Court of India · 2010-01-14
Kamala Mangalal Vayani & Ors vs M/S. United India Insurance Co. ...
- Citation / case number
- 2010 AIR SCW 6604
- Court
- Supreme Court of India
- Petitioner
- Kamala Mangalal Vayani & Ors
- Respondent
- M/S. United India Insurance Co. ...
- Bench
- Surinder Singh Nijjar, R V Raveendran
Judgment text excerpt
The Supreme Court held that the insurer cannot deny liability under a comprehensive insurance policy merely because the claimants failed to prove the existence of a valid permit for the vehicle involved in the accident, as the burden of proof lies with the insurer to establish non-liability. The Court found that the High Court erred in reversing the Tribunal's awards, which were based on the insurer's failure to provide evidence that the vehicle lacked a permit at the time of the accident. The Court restored the Tribunal's judgment and awarded the claimants their compensation along with interest.