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National Insurance Co. Ltd. vs Prito And Ors. on 4 January, 2000 cites

United India Insurance Co. Ltd vs Shri Gian Chand And Others on 2 September, 1997

While distinguishing these two earlier cases, their Lordships of the Apex Court, who decided the case in United India Insurance Co. Ltd. v. Gian Chand (supra), found on facts that the owner of the vehicle committed a breach of the condition of insurance policy which required the owner not to permit the vehicle to be driven by an unlicensed driver and that, therefore, while accepting the factual findings of the Tribunal as also by the High Court in that case about the lapse on the part of the, owner in handing over the vehicle to an unlicensed driver, the insurance company was held exonerated from its liability to meet the claims of the third party who might have suffered on account of vehicular accident caused by such an unlicensed driver.
Supreme Court of India Cites 6 - Cited by 223 - S B Majmudar - Full Document

Smt Mallawwa Etc vs Oriental Insurance Co, Ltd. And Ors on 27 November, 1998

In such class or category of cases, to which the principles of Mallawwa's case (supra), applied or are applicable, the question as to the violation of the condition of the insurance policy or the person who was responsible for such violation has no relevance or concern at all, such claims being not one covered under the policy envisaged to be taken under the provisions of the 1939 Act. Consequently, we see no merit whatsoever in the stand taken for the respondents. The claim and contention of the insurance company, therefore, are liable to be upheld in view of the fact that the deceased was travelling in a goods vehicle and he was not shown to be in the employment or service of the owner of the vehicle and, therefore, not expressly expected to be covered under the insurance policy.
Supreme Court of India Cites 9 - Cited by 204 - Full Document

New India Assurance Compafiy vs Shri Satpal Singh And Ors on 2 December, 1999

The learned counsel also relied upon the decision in New India Assurance Co. Ltd. v. Satpal Singh, 2000 ACJ 1 (SC), to contend that in cases of the nature arising out of an accident involving the death of or bodily injury to persons who are gratuitous passengers of a truck governed by the provisions of 1939 Act, the decision in Mallawwa v. Oriental Insurance Co. Ltd. (supra), alone governed.
Supreme Court of India Cites 5 - Cited by 451 - Full Document
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