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1 - 3 of 3 (0.21 seconds)Jitendra Kumar vs Oriental Insurance Co. Ltd. & Anr on 17 July, 2003
9. We are of the opinion that facts of the appellant's case are different from Jitendra Kumar's case (supra). Appellant's vehicle, as per statement of the appellant, had lost control due to failure of the vehicle's brakes and had dashed against a rock. In support of his contention, appellant has not produced any evidence, such as a technical report, which may prove that the accident had occurred due to mechanical fault. In absence of such a report, it cannot be ruled out that the accident occurred due to driver's negligence or reckless driving. The onus to prove that the accident had occurred due to some mechanical reasons, lies on the complainant - appellant.
National Insurance Co. Ltd vs Laxmi Narain Dhut on 2 March, 2007
But in its judgment in National Insurance Co. Ltd., vs Laxmi Narain Dhut - III (2007) CPJ 13 (SC), Hon'ble Supreme Court made a distinction between insurer's liability in respect of third party damages and in respect of own damages in such cases of accidental claims, where driver did not hold a valid or hold fake driving licence at the time of accident and held that Swaran Singh's case (supra) has not application in own damage cases. In the light of the judgment, we are of the view that the claim lodged by the appellant - complainant was rightly repudiated by respondent no. 1 - the insurer.
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