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1 - 10 of 23 (0.25 seconds)Section 15 in The Motor Vehicles Act, 1988 [Entire Act]
Section 66 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Co. Ltd vs Kusum Rai & Ors on 24 March, 2006
In the case of National Insurance Co. Ltd Vs. Kusum Rai and others,
(2006) 4 SCC 250, the vehicle was being used as a taxi. It was, therefore, a
commercial vehicle. The driver of the said vehicle was required to hold an
appropriate licence therefore. Ram Lap, who allegedly was driving the said
vehicle at the relevant time, was holder of a licence to drive light motor
vehicle only. He did not possess any licence to drive a commercial vehicle.
Therefore, there was a breach of condition of the contract of insurance. In such
circumstances, the Court observed that the appellant-National Insurance Co.Ltd.,
therefore, could raise the said defence while considering the stand of the
Insurance Company.
Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
New India Assurance Co. Ltd vs Prabhu Lal on 30 November, 2007
This judgment was considered and explained by the Apex Court in
New India Assurance Co. vs. Prabhu Lal reported in 2007(13) Scale 588 and more
particularly in paragraphs 31 and 32 and held thus:
Premkumari & Ors vs Prahlad Dev & Ors on 18 January, 2008
22. The ratio of the decision in Swaran Singh's case cited supra was
considered by the Apex Court in Laxmi Narain's case and the entire laws were
again discussed by the Apex Court in Premkumari vs. Prahlad Dev reported in
2008(1) Scale 531, wherein it was held thus:
National Insurance Co. Ltd vs Laxmi Narain Dhut on 2 March, 2007
1.The Decision in Swaran Singh case has no application to cases other than
third party risks.
The Oriental Insurance Company Limited vs Meena Variyal & Ors on 2 April, 2007
In the subsequent decision, Oriental Insurance Co, Ltd., Vs. Meena
Variyal and others, (2007) 5 SCC 428, which is also a two-Judge Bench while
considering the ratio laid down in Swaran Singh's case (supra) concluded that in
a case where a person is not a third party within the meaning of the Act, the
Insurance Company cannot be made automatically liable merely by resorting to
Swaran Singh's case (supra).