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1 - 8 of 8 (0.25 seconds)Mukund Dewangan vs Oriental Ins.Co.Ltd on 11 February, 2016
Learned counsel for the contesting respondent No.1-
insurance company is not in a position to dispute the law laid down in
the above noticed judgment in Mukund Dewangan's case (supra). On
the contrary, it has been conceded that the said authoritative
pronouncement holds the field till date and there is no other judicial
pronouncement by the Apex Court subsequent thereto, either taking a
different view or distinguishing the same.
Ashok Gangadhar Maratha vs Oriental Insurance Co. Ltd on 2 September, 1999
Reliance
is thus placed upon the said judgment in Mukund Dewangan's case
(supra), wherein the Apex Court was examining the contrary views taken
in Ashok Gangadhar Maratha vs. Oriental Insurance Company Ltd.,
(1999) 6 SCC 620 and New India Assurance Company Ltd. Vs. Prabhu
Lal, (2008) 1 SCC 696. The relevant portion of the said judgment reads
as under:-
New India Assurance Co. Ltd vs Prabhu Lal on 30 November, 2007
Reliance
is thus placed upon the said judgment in Mukund Dewangan's case
(supra), wherein the Apex Court was examining the contrary views taken
in Ashok Gangadhar Maratha vs. Oriental Insurance Company Ltd.,
(1999) 6 SCC 620 and New India Assurance Company Ltd. Vs. Prabhu
Lal, (2008) 1 SCC 696. The relevant portion of the said judgment reads
as under:-
Section 3 in The Motor Vehicles Act, 1988 [Entire Act]
Section 10 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
The Tribunal rejected the aforesaid argument and returned a
finding that the statutory liability of the insurance company cannot be
shaken off only for the reason that at the relevant point of time, the
driver was not holding a valid driving licence. However, as per the
Tribunal, on account of the fact that the driver was granted licence for
one type of vehicle but was driving another type of vehicle, the
insurance company could not avoid liability and was to satisfy the decree
at the first instance. The ratio of National Insurance Company Ltd. vs.
Swaran Singh and others, AIR 2004 SC 1531, was applied and the
Tribunal directed that the insurance company was to make payment to
the claimant and it could recover the amount as required under the law.
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
1