Oriental Insurance Co. Ltd vs Shri Nanjappan And Ors on 13 February, 2004
Although, thus, we are of the opinion that the Appellant was not liable
to pay the claimed amount as the driver was not possessing a valid licence
and the High Court was in error in holding otherwise, we decline to interfere
with the impugned award, in the peculiar facts and circumstances of the
case, in exercise of our jurisdiction under Article 136 of the Constitution of
India but we direct that the Appellant may recover the amount from the
owner in the same manner as was directed in Nanjappan (supra).