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1 - 10 of 11 (0.26 seconds)The Oriental Insurance Company Limited vs Poulose on 23 September, 2002
Obviously, the above
verdict passed by the Apex Court was not brought to the notice of the Full
Bench of this Court while passing the judgment in Oriental Insurance
Company Ltd. Vs. Poulose [2004(1) KLT 8] (FB). But since the verdict
passed by the Apex Court is the 'law of the land' by virtue of Article 141 of
the Constitution of India, we are bound to follow the same.
National Insurance Co. Ltd vs Vidhyadhar Mahariwala & Ors on 17 September, 2008
The law in this
MACANO.2181/2007 7
regard has been reiterated by the Apex Court in Ishwar Chandra and
others Vs. Oriental Insurance Company Ltd. and others [2007 (10)
SCC 650]; in National Insurance Company Ltd. Vs. Vidhyadhar
Mahariwala and others [2008 (12) SCC 701] and also in Ram babu
Tiwari Vs. United India Insurance Company and others [2008 ACJ
2654]. As it stands, the finding rendered by the Tribunal to the contrary,
holding that "once a licence, always a licence" is thoroughly wrong and
misconceived and it is hereby set aside. It is found that the driver was not
having valid and effective driving licence on the date of the accident; i.e.,
on 03.09.2000 and that there was clear violation of the statutory/policy
conditions.
Ram Babu Tiwari vs United India Insurance Co. Ltd. & Ors on 1 August, 2008
The law in this
MACANO.2181/2007 7
regard has been reiterated by the Apex Court in Ishwar Chandra and
others Vs. Oriental Insurance Company Ltd. and others [2007 (10)
SCC 650]; in National Insurance Company Ltd. Vs. Vidhyadhar
Mahariwala and others [2008 (12) SCC 701] and also in Ram babu
Tiwari Vs. United India Insurance Company and others [2008 ACJ
2654]. As it stands, the finding rendered by the Tribunal to the contrary,
holding that "once a licence, always a licence" is thoroughly wrong and
misconceived and it is hereby set aside. It is found that the driver was not
having valid and effective driving licence on the date of the accident; i.e.,
on 03.09.2000 and that there was clear violation of the statutory/policy
conditions.
National Insurance Co. Ltd vs Kusum Rai & Ors on 24 March, 2006
Further, the scope of the decision in Swaran
Singh's Case was subsequently considered by the Apex court on several
occasions; in National Insurance Company Ltd. Vs. Kusum Rai [2006
(2) KLT 300], Oriental Insurance Company Ltd. Vs. Meena variel [2007
(5) SCC 428], Prem Kumar and others Vs. Prahlad Dev and others
[2008 (3) SCC 193], holding that, if the violation of policy condition in
driving the vehicle without being possessed of a valid licence is
established, it is enough to absolve the insurer from the liability.
The Oriental Insurance Company Limited vs Meena Variyal & Ors on 2 April, 2007
Further, the scope of the decision in Swaran
Singh's Case was subsequently considered by the Apex court on several
occasions; in National Insurance Company Ltd. Vs. Kusum Rai [2006
(2) KLT 300], Oriental Insurance Company Ltd. Vs. Meena variel [2007
(5) SCC 428], Prem Kumar and others Vs. Prahlad Dev and others
[2008 (3) SCC 193], holding that, if the violation of policy condition in
driving the vehicle without being possessed of a valid licence is
established, it is enough to absolve the insurer from the liability.
Article 141 in Constitution of India [Constitution]
Section 3 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Ishwar Chandra & Ors vs The Oriental Insurance Co. Ltd. & Ors on 8 March, 2007
The law in this
MACANO.2181/2007 7
regard has been reiterated by the Apex Court in Ishwar Chandra and
others Vs. Oriental Insurance Company Ltd. and others [2007 (10)
SCC 650]; in National Insurance Company Ltd. Vs. Vidhyadhar
Mahariwala and others [2008 (12) SCC 701] and also in Ram babu
Tiwari Vs. United India Insurance Company and others [2008 ACJ
2654]. As it stands, the finding rendered by the Tribunal to the contrary,
holding that "once a licence, always a licence" is thoroughly wrong and
misconceived and it is hereby set aside. It is found that the driver was not
having valid and effective driving licence on the date of the accident; i.e.,
on 03.09.2000 and that there was clear violation of the statutory/policy
conditions.