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National Insurance Company Ltd vs Annappa Irappa Nesaria & Ors on 22 January, 2008

No doubt, in the case of National Insurance Co. Ltd. v. Annappa Irappa Nesaria, reported in 2008 ACJ 721 (SC), the date of the accident was 9.12.1999, i.e, prior to the amendment, whereas, in the present case, the accident is of the year, 2003. However, the fact remains that neither the license of the present appellant was cancelled nor the amendment provides that the license issued earlier shall stand cancelled or that the citizen should apply for fresh driving license in view of the amendment. Thus, while applying the amendment, it is the date of license which is required to be taken into consideration.
Supreme Court of India Cites 8 - Cited by 292 - S B Sinha - Full Document

New India Assurance Co.Ltd vs Roshanben Rahemansha Fakir & Anr on 12 May, 2008

With reference to the second argument of the learned counsel for the appellant that it is the date of the accident which is to be taken into consideration while applying the amendment, was considered by the Apex Court in the case of New India Assurance Co. Ltd. v. Roshanben Rahemansha Fakir and another, reported in 2008 Vol.IV ACJ 2161. Para 14 of the said judgment reads as under :-
Supreme Court of India Cites 13 - Cited by 177 - S B Sinha - Full Document
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