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Sandeep Garg vs United India Insurance Company Limited on 20 December, 2021

Counsel has placed reliance on the judgment of National Insurance Company Limited Vs. Swaran Singh reported in 2004 (3) SCC 297 which has been followed by the Rajasthan High Court in case of Ranjana Pandey (smt.) and Ors. Vs. Iqbal & Anr. reported in 2014 (Downloaded on 20/12/2021 at 09:05:39 PM) (4 of 7) [CMA-1214/2020] (3) WLN 1991 (Raj.). On the strength of proposition of law propounded in the aforesaid judgments, it has been argued that burden lies on the Insurance Company to prove that the insured was guilty of negligence and fail to exercise reasonable care in the matter of fulfilling the condition of policy regarding use of vehicles by duly licenced driver or one who was not disqualified to drive at the relevant time and was required to establish breach on the part of the owner of the vehicle, the burden of proof, therefore, was on the insurer.
Rajasthan High Court - Jodhpur Cites 7 - Cited by 0 - S Bansal - Full Document
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