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.