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1 - 10 of 17 (0.24 seconds)National Insurance Co. Ltd vs Laxmi Narain Dhut on 2 March, 2007
36. The inevitable conclusion therefroe is that the
decision in Swaran Singh case has no application to
own damage cases.
The Consumer Protection Act, 1986
Section 15 in The Motor Vehicles Act, 1988 [Entire Act]
M/S. United India Insurance Co. Ltd vs Davinder Singh on 12 October, 2007
In united India Insurance Co. Ltd. v. Davinder Singh,
IV (2007) ACC 705 (SC) = IX (2007) SLT 235 = IV (2007)
CPJ 1 (SC) = (2007) 8 SCC 698, the respondent owned a
vehicle which he had got insured from the appellant United
India Insurance Co. Ltd. The said vehicle met an accident with
a truck. It was being driven by a person, who did not possess a
valid licence. The owner of the vehicle filed a complaint before
District Forum, seeking compensation for the damages caused
to his vehicle. This Commission have ruled in his favour. The
matter was taken to the Hon'ble Supreme Court by way of an
appeal. Allowing the appeal filed by the Insurance Company,
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the Apex Court inter alia held that the Fora below committed an
error in holding the Insurance Company liable to indemnify the
owner of the vehicle with regard to losses sustained by him.
During the course of the judgment, the Hon'ble Supreme Court,
inter alia observed as under :-
The Oriental Insurance Company Limited vs Meena Variyal & Ors on 2 April, 2007
In Oriental Insurance Co. Ltd. v. Meena Variyal, IV (2007)
ACC 335 (SC) = IX (2007) SLT 251 = (2007) 5 SCC 428, the
Hon'ble Supreme Court referring to its earlier decision in
Swaran Singh (supra), held as under :-
National Insurance Company Ltd vs Jarnail Singh And Others on 22 January, 2014
In National Insurance Co. Ltd. v. Jarnail Singh &
Ors., JT 2001 (Supp. 2) SC 218, the driving licence of the
driver, who drove the vehicle had expired on 16.5.1994. The
vehicle met with an accident on 20.10.1994 and the driving
licence was renewed only with effect from 28.10.1996.
New India Assurance Co. Ltd vs Suresh Chandra Aggarwal on 10 July, 2009
In Suresh Chandra Aggarwal
(supra), the driver of the vehicle was not holding an effective
licence at the time it met with an accident since the said licence
had already expired on 25.10.91, whereas the accident took
place on 29.2.92. The policy condition applicable in that case
required that the person entitled to drive the vehicle should hold
or should have held a driving licence and should not be
disqualified from holding an effective driving lince. It was
noted that though the driving licence had expired on 25.10.91, 4
months prior to the accident it was got renewed only with effect
from 23.3.1992 and the driver had not applied for the renewal
of the licence within 30 days of its expiry. Referring to the
proviso of Section 15 Sub-section (1) of the Motor Vehicles Act,
it was held that in such a case, the licence could be renewed only
from the date of its renewal and in the interregnum period
between expiry of the licence and the date of its renewal, there
was no effective licence in existence. The decision of this
Commission holding the Insurance Company liable was,
therefore, set aside by the Hon'ble Supreme Court."
Karnail Singh vs United India Insurance Co. Ltd. & Anr. on 2 March, 2010
In Karnail Singh v. United India Insurance Company Limited,
II (2010) CPJ 104 (NC), Hon'ble National Commission has observed
that "Driver driving vehicle without valid licence, in violation of terms and
conditions of policy, repudiation of claim by insurer is justified."
Thomas Mathew vs Oriental Insurance Co. Ltd. on 24 May, 2006
In Thomas Mathew vs. Oriental Insurance Company Limited,
II (2006) CPJ 309 (NC), Hon'ble National Commission, has observed
thus :-