Search Results Page
Search Results
1 - 8 of 8 (0.21 seconds)Section 2 in The Motor Vehicles Act, 1988 [Entire Act]
Section 66 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Co. Ltd vs Laxmi Narain Dhut on 2 March, 2007
18. This view of law laid down by the Hon'ble Supreme Court in Laxmi Narain
Dhut's case (supra) was reiterated by the Hon'ble Supreme Court in the
subsequent judgment reported as "United India Insurance Co. Ltd. vs. Devinder
Singh" 2008(1)Consumer Protection Cases 1 (SC). It is, therefore, clearly made
out that where the driving licence of the driver, who was driving the vehicle at the
time of accident, is found to be fake originally, the owner would not be entitled to
compensation from the Insurance Company arising out of the insurance policy as
the fake driving licence amounts to breach of the terms of the insurance policy.
Ashok Gangadhar Maratha vs Oriental Insurance Co. Ltd on 2 September, 1999
22. The Hon'ble Supreme Court in Prabhu Lal's case (supra) distinguished the
judgment reported as "Ashok Gangadhar Maratha vs. Oriental Insurance
Company" (1999) 6 SCC by observing as under:-
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
(1) The decision in Swaran Singh's case (supra) has no
application to cases other than third party risks.
(2) Where originally the licence was a fake one, renewal
cannot cure the inherent fatality.
New India Assurance Co. Ltd vs Prabhu Lal on 30 November, 2007
22. The Hon'ble Supreme Court in Prabhu Lal's case (supra) distinguished the
judgment reported as "Ashok Gangadhar Maratha vs. Oriental Insurance
Company" (1999) 6 SCC by observing as under:-
United India Insurance Company Limited vs Devinder Singh Walia And Others on 5 August, 2010
18. This view of law laid down by the Hon'ble Supreme Court in Laxmi Narain
Dhut's case (supra) was reiterated by the Hon'ble Supreme Court in the
subsequent judgment reported as "United India Insurance Co. Ltd. vs. Devinder
Singh" 2008(1)Consumer Protection Cases 1 (SC). It is, therefore, clearly made
out that where the driving licence of the driver, who was driving the vehicle at the
time of accident, is found to be fake originally, the owner would not be entitled to
compensation from the Insurance Company arising out of the insurance policy as
the fake driving licence amounts to breach of the terms of the insurance policy.
1