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july 2013

Supreme Court of India · 2013-07-01

S.Iyyapan vs M/S United India Insurance Co.Ld.& Anr

Citation / case number
AIR 2013 SUPREME COURT 2262
Court
Supreme Court of India
Petitioner
S.Iyyapan
Respondent
M/S United India Insurance Co.Ld.& Anr
Author
M.Y. Eqbal
Bench
M.Y. Eqbal

Judgment text excerpt

The Supreme Court addressed the liability of an insurance company in a road accident case under the Motor Vehicles Act, emphasizing that the right to claim compensation is statutory. The Court held that a driver licensed for light motor vehicles cannot operate a commercial vehicle without the appropriate endorsement, thus the insurance company is not liable for compensation due to breach of contract. The judgment of the High Court was upheld, confirming that the absence of a valid commercial driving license absolves the insurer from liability.

S.Iyyapan vs M/S United India Insurance Co.Ld.& Anr · Niyam