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Supreme Court of India · 2020-03-04

Nirmala Kothari vs United India Insurance Co.Ltd.

Citation / case number
AIR 2020 SUPREME COURT 1193
Court
Supreme Court of India
Petitioner
Nirmala Kothari
Respondent
United India Insurance Co.Ltd.
Author
Krishna Murari
Bench
N.V. Ramana, Sanjiv Khanna, Krishna Murari

Judgment text excerpt

The Supreme Court held that under the Consumer Protection Act, 1986, the Insurance Company cannot repudiate a claim solely on the basis of the driver's alleged lack of a valid driving license unless it is conclusively proven. The Court emphasized that the burden of proof lies with the Insurance Company to establish the invalidity of the license. The appeal was allowed, and the Insurance Company was directed to pay the insured amount along with interest and costs, reaffirming the consumer's right to compensation despite the driver's license issues.

Nirmala Kothari vs United India Insurance Co.Ltd. · Niyam