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 Dismissed |
Headnote | Motor Vehicles Act, 1988 - s. 149 - Central Motor Vehicle Rules, 1989 - r. 4 - Tractor met with accident resulting in death of a person -Appellant owned the tractor and was also driving the same at the relevant time- Claim petition -Award passed c in favour of claimants - Appellant held a learner's licence which had expired and was not valid on the date of accident - On that ground, insurance company denied its liability to reimburse the appellant in respect of the awarded amount - Held: Appellant was not holding a valid and effective licence at the time of the accident- Insurance company therefore was not bound to reimburse him in terms of the Contract of Insurance - Contract - Contract of insurance. A tractor met with an accident with a cycle resulting in death of the person riding the cycle. Appellant owned the tractor and was also driving the same at the relevant time. The legal heirs of the deceased filed claim petition before the Motor Accidents Claim Tribunal. An award of Rs.1.32 lakhs was passed in favour of the claimants. Placing reliance on the fact that appellant held a learner's licence which had expired and was not valid on the date of accident, the insurance company denied its liability to reimburse the appellant in respect of the awarded amount.The question which arose for consideration in the present appeal was whether the appellant was not holding a valid and effective licence at the time of the accident, and consequently the insurance company was exonerated from its liability to reimburse the appellant in respect of the awarded amount. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 320 |
Petitioner | Bhuwan Singh |
Respondent | M/s Oriental Insurance Company Ltd. & Anr. |
SCR | [2009] 4 S.C.R. 195 |
Judgement Date | 2009-03-05 |
Case Number | 1537 |
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