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Satish Kumar vs . Sivanikka Enterprises on 17 April, 2013 cites

M/S.K.T.C vs M/S.National Insurance Co.Ltd on 25 March, 2009

Record and the judgment/award dated 02.05.12 in the case Rekha K.C. Vs. National Insurance Co. Ltd. would show that on 27.06.07 she had handed over the truck to the valid driving license holder Gonu Sahni after seeing his license which had the endorsement. She had placed on record the copy of license of Gonu Sahni. The owner had also examined Gonu Sahni. He had stated that he had a valid and effective license and it was valid on 27.06.07. He was employed by respondent no.1 on the truck DL 1G B 3455 and on that day he was handed over the truck as usual by the respondent no.1. He had stated that since he got information from his native place that his father has expired, he had to leave Delhi without informing respondent no.1 and before leaving he handed over the keys of the truck to respondent no.2 to be handed over to respondent no.1. At that time he had parked the truck on the extreme left side of Agra Canal road near LPG plant. He had also seen the license of Ram Naresh which was valid for HMV. Respondent no.1 has also placed on record the seizure memo in the case of FIR 460/06 registered at the police station Friends Colony wherein the driving license of Gonu Sahni was seized which also goes to show that Gonu Sahni was the regular driver of the respondent no.1.
Kerala High Court Cites 4 - Cited by 2 - S Nambiar - Full Document

New India Assurance Co. Ltd. vs Ganga Devi & Ors. on 23 November, 2009

43. As per orders of Hon'ble High Court in case titled " New India Assurance Co. Ltd Vs. Ganga Devi & Ors bearing MAC. App. 135/2008" as well as in another case titled as " Union of India V/s Nanisiri" bearing M.A.C. Appeal No. 682/2005 dated 13.01.2010, directions were given to the Claims Tribunal to deposit part of the awarded amount in fixed deposit in a phased manner depending upon the financial status and financial needs of the claimants.
Delhi High Court Cites 3 - Cited by 858 - J R Midha - Full Document

Sohan Lal Passi vs P. Sesh Reddy & Ors on 17 July, 1996

In Sohan Lal Passi Vs. P. Sesh Reddy and Others, reported in 1996 ACJ 1044 it was held that :­ "12...... As such the insurance company will have to establish that the insured was guilty of an infringement or violation of a promise. The insurer has also to satisfy the Tribunal or the Court that such violation or infringement on the part of the insured was willful. If the insured has taken all precautions by appointing a duly licensed driver to drive the vehicle in question and it has not been established that it was the insured who allowed the vehicle to be driven by a person not duly licensed, then the insurance company cannot repudiate its statutory liability under sub section (1) of Section 96."
Supreme Court of India Cites 12 - Cited by 577 - N P Singh - Full Document

Smt K E Rekha vs The National Insurance Co Ltd on 17 September, 2008

Ld. counsel for the respondent no.1 on the contrary argued that the respondent no.1 had entrusted the truck to Gonu Sahani which fact has also come in the testimony of R1W1 who has placed the judgment of the case titled "Rekha K. C. & Ors. Vs. National Insurance Co. and Others" Ex.R1W1/2 relating to the same accident. Ld. counsel also placed on record the documents which were relied in the above judgment Ex.R1W1/3 and Ex.R1W1/4 and stated that Gonu Sahani had admitted that he was under the employment of respondent no.2 and on 27.06.07 he was handed over the vehicle as usual by R1, Vanita Ghosh. Since he got an information from his native place that his father has expired, he had to leave Delhi without informing respondent no.1 and before leaving, he handed over the keys of the truck to respondent no.2 to be handed over to respondent no.1. At that time he had parked the truck on the extreme left side of Agra Canal road near LPG plant. He had also seen the license of Ram Naresh which was valid for HMV.
Karnataka High Court Cites 0 - Cited by 1 - S B Adi - Full Document
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