United India Insurance Company Ltd vs Lehru And Ors on 28 February, 2003
In Lal Chand's case (supra), the Supreme Court was referring to
the judgment in United India Insurance Co. Ltd. Vs. Lehru 2003(3)
SCC 338 where the Court was holding that where the owner had
satisfied himself that the driver had a licence, there could be no breach
of Section 149(2) (a) (ii), if it turned out that the licence was fake. It is
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FAO No.5736 of 2009 -4-
one thing for a person to believe that the driver had a valid driving
licence when it turned out to be fake but quite another to state that the
driving licence which he had, had already expired but still the owner
believed that the licence must have been renewed. There can be no
such benefit in a situation where he has not exercised an appropriate
care to ensure that the driver had obtained renewal at the appropriate
time.