Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 -Fatal accident- By goods carriage vehicle- Compensation. claim-Insurance Company denying its liability contending that the driver of the vehicle was not holding valid licence-Held: Insurance company not liable to pay the compensation- It is proved that the offending vehicle was goods carriage vehicle and the driver did not possess valid licence for the same- Direction to insurance company to pay the claim amount, with liberty to recover the same from owner and driver of offending vehicle- Constitution of India, 1950- Article 142. In a claim seeking compensation for death caused by a motor accident, the plea of the appellant-insurance company was that, it was not liable to pay the compensation as the driver of the offending vehicle was not holding a valid driving licence, as the offending vehicle was a goods carriage vehicle. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 209 |
Petitioner | Oriental Insurance Co. Ltd. |
Respondent | Angad Kol And Ors. |
SCR | [2009] 2 S.C.R. 695 |
Judgement Date | 2009-02-18 |
Case Number | 1102 |
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