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1 - 6 of 6 (0.18 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
13. The main reliance placed by the claimant is on
Swaran Singh's case cited supra.. The Trial Court has
considered observation made in Swaran Singh's Case in
para-95. But in the said case there was no condition in
insurance policy that the vehicle is required to be driven
by authorized D.L. holder. Admittedly, the person having
LLR cannot be termed as a authorised person. Even RW.5-
Smt.Pushpalatha, who is the owner of the offending car
did not assert that she has verified the D.L. of RW-2 and
so-called Murali and there is no explanation as to why she
did allow RW-2, who was holding LLR to drive the vehicle,
when there is a regular driver in the vehicle. However, in
the instant case there is a specific condition in policy Ex.R6
that the vehicle is required to be driven by a authorized
license holder and that condition is also breached in the
instant case. Considering these facts and circumstances,
the principles of decision reported in (1996) 2 SSC 328.
New India Assurance Co. Ltd vs Mandar Madhav Tambe & Ors on 14 December, 1995
NC: 2024:KHC:18029
MFA No.7393/2022 C/W
MFA No.7396/2022 MFA No.7397/2022
MFA No.7398/2022 MFA No.7402/2022
(New Indian Insurance Company Ltd. vs. Mandhar
Madhava Tambe's) would prevail, which was distinguished
in Swaran Singh's case.
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