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United India Insurance Company Ltd vs Lehru And Ors on 28 February, 2003 cites

British India General Insurance Co., ... vs Captain Itbar Singh And Others on 11 May, 1959

In the case of British India General Insurance Co. Ltd. v. Captain Itbar Singh and Ors., reported in [1960] SCR 168, the question was whether an Insurance Company can take up defences other than those enumerated in Section 96(2) of the Motor Vehicle Act, 1939. The provisions of Section 96 including Section 96(6) were considered. It was held that the Insurance Company got a right to defend or file an appeal only by virtue of statute and therefore the right could only be exercised subject to the restriction laid down by the statute. It was held that an Insurance Company could only defend on grounds enumerated in Section 96(2) of the Motor Vehicles Act, 1939 and on to other ground. In answer to a submission that not permitting Insurance Companies to take up all available defences would be unfair, it was held as follows:
Supreme Court of India Cites 26 - Cited by 263 - Full Document

Sohan Lal Passi vs P. Sesh Reddy & Ors on 17 July, 1996

The question was again considered by a three Judge Bench of this Court in the case of Sohan Lal Passi v. P. Sesh Reddy and Ors., reported in [1996] 5 SCC 21. In this case the bus was being driven by the cleaner, an employee of the owner, at the time of accident. The cleaner did not have a valid licence. The Insurance Company sought to avoid liability on the ground that there was breach of Section 96(2)(b)(ii) of the Motor Vehicles Act 1939 inasmuch as the vehicle was being driven by a person who was not duly licensed.
Supreme Court of India Cites 12 - Cited by 577 - N P Singh - Full Document
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