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1 - 10 of 11 (0.20 seconds)Malla Prakasarao vs Malla Janaki And Ors. on 6 August, 2002
In Swaran Singh (2004) 3 SCC 297 to which one of us was a
party, this Court noticed an earlier decision of this Court,
namely, Malla Prakasarao v. Malla Janaki (2004) 3 SCC 343
wherein one of the members of the Bench, V.N. Khare, J. (as the
learned Chief Justice then was) was a member. In that case, it was
held:
Section 10 in Motor Vehicles Act, 1939 [Entire Act]
National Insurance Co. Ltd vs Kusum Rai & Ors on 24 March, 2006
"18. A similar question arose for consideration in National Insurance
Company Limited v. Kusum Rai & Ors. (2006) 4 SCC 250; where the
driver possessed a licence for driving LMV (NT) and the vehicle
driven by him was a taxi which was a commercial vehicle. The
Supreme Court held that a taxi (a commercial vehicle) could not be
driven on the basis of an LMV (NT) licence. Para 11 of the report is
extracted hereunder:-
Section 2 in Motor Vehicles Act, 1939 [Entire Act]
Section 3 in Motor Vehicles Act, 1939 [Entire Act]
Section 11 in Motor Vehicles Act, 1939 [Entire Act]
Sohan Lal Passi vs P. Sesh Reddy & Ors on 17 July, 1996
7. As far as the liability of the Insurance Company to satisfy the award with
regard to the third party is concerned, the issue is settled by a three Judge
Bench decision of the Supreme Court in Sohan Lal Passi v. P. Sesh
Reddy, (1996) 5 SCC 21; where while referring to section 96 (2) (b) (ii)
of the Motor Vehicles Act, 1939 (the Act) the Supreme Court held that
this Section cannot be interpreted in a technical manner. Section 96 (2)
New India Assurance Co., Shimla vs Kamla And Ors on 27 March, 2001
In Kusum Rai the Claims Tribunal relying on New India
Assurance Co. Ltd. v. Kamla, 2001 ACJ 843 (SC) held that the Insurance
MAC APP 293/2010 Page 3 of 9
Company cannot get rid of its third party liability. The appeal preferred
by the Insurance Company was dismissed by the High Court.
National Insurance Co. Ltd vs Mrs. Kanti Devi & Ors on 9 May, 2005
15. The matter came up for consideration again before a Division
Bench of this Court in National Insurance Corpn. Ltd. v. Kanti
MAC APP 293/2010 Page 5 of 9
Devi (2005) 5 SCC 789 wherein this Court upon consideration of
the observations made in Swaran Singh opined: