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1 - 10 of 11 (2.56 seconds)Section 174 in The Motor Vehicles Act, 1988 [Entire Act]
Sanjay vs Suresh Chand & Ors. on 3 August, 2012
7. I do not feel the necessity to discuss the decision reported as upon
Sanjay vs. Suresh Chand & Ors., National Insurance Company ltd. vs.
Shadab & Ors. and Oriental Insurance Co. LTd. vs. Cheruvvakkara
Nafeessu & Ors. relied upon by the learned counsel for the
appellant/insurance company for the reason that in a recent decision
reported as S.Iyyapan vs. United India Insurance Company Limited
(2013) 7 SCC 62, this issue has been considered at length. The relevant
paragraphs no.13, 14, 18 and 19 are extracted hereunder:-
National Insurance Co. Ltd vs Kusum Rai & Ors on 24 March, 2006
In the case of National Insurance Co. Ltd. v. Kusum Rai
and Ors. MANU/SC/1533/2006 : (2006) 4 SCC 250, the
Respondent was the owner of a jeep which was admittedly used
as a taxi and thus a commercial vehicle. One Ram Lal was
working as a Khalasi in the said taxi and used to drive the
vehicle some times. He had a driving licence to drive light
motor vehicle. The taxi met with an accident resulting in the
death of a minor girl. One of the issues raised was as to
whether the driver of the said jeep was having a valid and
effective driving licence.
New India Assurance Co., Shimla vs Kamla And Ors on 27 March, 2001
The Tribunal relying on the decision
MAC.APP No.752/2011 Page 10 of 13
of this Court in New India Assurance Company v. Kamla
(supra) held that the insurance company cannot get rid of its
third party liability. It was further held that the insurance
company can recover this amount from the owner of the
vehicle. Appeal preferred by the insurance company was
dismissed by the High Court.
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
Section 165 in The Motor Vehicles Act, 1988 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Oriental Insurance Co. Ltd vs Cheruvakkara Nafeessu & Ors on 14 December, 2000
7. I do not feel the necessity to discuss the decision reported as upon
Sanjay vs. Suresh Chand & Ors., National Insurance Company ltd. vs.
Shadab & Ors. and Oriental Insurance Co. LTd. vs. Cheruvvakkara
Nafeessu & Ors. relied upon by the learned counsel for the
appellant/insurance company for the reason that in a recent decision
reported as S.Iyyapan vs. United India Insurance Company Limited
(2013) 7 SCC 62, this issue has been considered at length. The relevant
paragraphs no.13, 14, 18 and 19 are extracted hereunder:-