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january 2010

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.

Kamala Mangalal Vayani & Ors vs M/S. United India Insurance Co. ... · Niyam