Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | S. I 49(2)-Motor Accident claim |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | S.149(2)-Motor Accident claim-Before Tribunal Insurance company neither pleaded nor led any evidence that driver of vehicle did not have any licence-Claimants/heirs of deceased awarded compensation-Insurance Company's appeal dismissed by Single Judge of High Court-Letters Patent Bench remitted the matter back upon framing issues for determination by Single Judge-Held, the only ground open to insurer is contained in Section 149(2) of the Motor Vehicles Act-The burden of proof that driver did not have a licence was upon insurer which it failed to discharge-Division Bench erred in allowing letters patent appeal-Appeal of claimants allowed .National Insurance Co. Ltd. Chandigarh v. Nicolletta Rohagi and Ors., (2002) 7 SCC 456 and National Insurance Co. Ltd. v. Swaran Singh and Ors., (2004) 1 SCALE 180, relied on. |
Judge | Hon'ble Mr. Justice S.B. Sinha Honble Mr. Justice S.H. Kapadia Honble Mr. Justice V.N. Khare |
Neutral Citation | 2004 INSC 103 |
Petitioner | Punam Devi And Anr. |
Respondent | Divisional Manager, New India Assurance Co. Ltd. And Ors. |
SCR | [2004] 2 S.C.R. 354 |
Judgement Date | 2004-02-12 |
Case Number | 7191 |
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