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1 - 7 of 7 (0.21 seconds)United India Insurance Company Ltd vs Lehru And Ors on 28 February, 2003
In case of United India Insurance Company Limited Vs. Lehru
& Ors., AIR 2003 SC 1292, the Supreme Court has held that if it
ultimately turns out that licence was fake, the Insurance Company would
continue to remain liable unless it is proved that the owner/insured was
MACA No.732/2006 Page 4 of 9
aware or had noticed that licence was fake and still permitted that person
to drive.
Oriental Insurance Co. Ltd. vs Rakesh Kumar & Ors. on 29 February, 2012
In the case of Oriental Insurance Company Ltd. Vs. Rakesh
Kumar, 2012 ACJ 1268, it is observed that in claims for compensation
for accidents, various kinds of breaches regarding the conditions of
driving licenses arise for consideration before the Tribunals, like a
person possessing a driving license for motorcycle without gear for
which he has no license. Cases may also arise where holder of driving
license of a 'Light Motor Vehicle' is found to be driving a 'Maxi Cab',
'Motor Cab' or an Ómni Bus', for which he has no license. In each case,
on evidence being led before the Claims Tribunal, a decision has to be
taken whether the fact of driver's possessing license for one type of
vehicle but found driving another type of vehicle, was the main or
contributory cause of accident. If on facts, it is found that accident was
caused as a result or cause of some other unforeseen or intervening
causes like mechanical fault and similar other causes, having non-access
with driver's not possessing requisite type of license, the insurer will not
be allowed to avoid its liability, merely for technical breach of
conditions concerning the driving license.
National Insurance Co. Ltd vs Kusum Rai & Ors on 24 March, 2006
7. To strengthen his arguments, learned counsel has relied upon a
case of National Insurance Company Limited Vs. Kusum Rai & Ors. II
(2006) ACC 19 (SC), wherein the Apex Court has held that where the
licence was for LMV and the driver was driving a taxi, which falls
within the definition of transport vehicle, in that eventuality, the
Insurance Company was not liable to pay the claimed amount as driver
was not holding a valid licence.
Section 155 in The Motor Vehicles Act, 1988 [Entire Act]
Section 306 in The Indian Succession Act, 1925 [Entire Act]
The Code of Civil Procedure, 1908
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