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1 - 2 of 2 (0.16 seconds)National Insurance Co. Ltd vs Chella Bharathamma & Ors on 21 September, 2004
12. For the sake of arguments, even if it is presumed that
respondent no. 1 was not authorised to drive a tractor having a trailer
annexed with it. A poor victim can not be supposed to enquire about
validity of driving licence before travelling in a vehicle, particularly a
labourer employed to load /unload the goods. Following was mandated
by Apex Court in case National Insurance Company Ltd. Vs. Chela
Bharathamma & Ors. appeal (civil) 6178 of 2004, "Considering
Suit NO.903/08 Bibi Savana Khatoon Vs. Manoj
:7:
the beneficial object of the Act i.e the Motor Vehicles Act , it would
be proper for the insurer to satisfy the award, though, in law it has no
liability." Trite it to say that in above referred case, according to
insurer, owner of offending vehicle was not having any valid permit.
On the same analogy, in my opinion, insurer i.e. respondent no. 3 is
liable to pay compensation. However, same may claim recovery from
other respondents, if permissible by law.
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