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january 2018

Supreme Court of India · 2018-01-19

PAPPUU AND OTHERS vs VINOD KUMAR LAMBA AND ANOTHER

Citation / case number
SC 2015/16079
Court
Supreme Court of India
Petitioner
PAPPUU AND OTHERS
Respondent
VINOD KUMAR LAMBA AND ANOTHER
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court upheld the decision of the High Court affirming the Motor Accident Claims Tribunal's ruling that absolved the Insurance Company from liability under the Motor Vehicles Act, 1988, specifically Section 149, due to the absence of evidence proving that the vehicle was driven by a licensed driver. The Court emphasized that the burden of proof lies with the owner of the vehicle to establish that the driver had a valid license, which was not met in this case. Consequently, the appeal was dismissed, maintaining the Tribunal's partial allowance of the claim against the vehicle owner only.

PAPPUU AND OTHERS vs VINOD KUMAR LAMBA AND ANOTHER · Niyam