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1 - 6 of 6 (0.24 seconds)The New India Assurance Company vs Bihari Lal And Others on 28 August, 2015
offending vehicle is Mahindra Pickup, which is a light motor
vehicle, was also matter of discussion before this Court in a
series of cases, including FAO No. 135 of 2009, titled as The
of
New India Assurance Company versus Bihari Lal &
others, decided on 28.08.2015.
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
If
satisfied in that regard also, it can be
said that the owner had taken
reasonable care in employing a person
who is qualified and competent to
drive the vehicle. The owner cannot
be expected to go beyond that, to the
extent of verifying the genuineness of
the driving licence with the licensing
authority before hiring the services of
the driver. However, the situation
would be different if at the time of
insurance of the vehicle or thereafter
the insurance company requires the
owner of the vehicle to have the licence
duly verified from the licensing
authority or if the attention of the
owner of the vehicle is otherwise
invited to the allegation that the
licence issued to the driver employed
by him is a fake one and yet the owner
does not take appropriate action for
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verification of the matter regarding
the genuineness of the licence from the
licensing authority. That is what is
explained in Swaran Singh's case
.
Pepsu Road Transport Corp vs National Insurance Co on 26 August, 2013
9. The Apex Court in another case titled as Pepsu
Road Transport Corporation versus National Insurance
Company, reported in 2013 AIR SCW 6505, held that the
ownerinsured is not supposed to go beyond verification to
the effect that the driver was having a valid driving
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6
licence and the competence of the driver. It is profitable to
reproduce para 10 of the judgment herein:
Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
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