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1 - 4 of 4 (0.24 seconds)National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
In the case in hand, the respondent-Insurance Company has
taken the defence that the driving license of the driver of the offending
vehicle was fake and thus, they were not liable to indemnify the insured.
This Court, however, does not concur with the submissions made by learned
counsel for the insurance company. Merely because the driving license of
the driver of the offending vehicle was found to be fake and thus, not valid,
would not be a sufficient ground to absolve the insurance company of its
liability to indemnify the insured or for that matter even against a third
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party. Hon'ble Supreme Court in National Insurance Co. Ltd. vs. Swaran
Singh and others, 2004(2) RCR (Civil) 114 has held that "to avoid its
liability towards the insured, the insurer would first have to prove that the
insured was guilty of negligence i.e. he had failed to exercise reasonable
care in the matter of fulfilling the condition of the insurance policy
regarding the use of vehicles by duly licensed driver."
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
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