Supreme Court of India

Punam Devi and Anr. v. Divisional Manager, New India Assurance Co. Ltd. and Ors.

Neutral citation
Reported as [2004] 2 S.C.R. 354
Bench V.N. Khare, S.B. Sinha and S.H. Kapadia JJ.
Decided 12 February 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

From the headnote

Motor Vehicles Act, 1988 S. I 49(2)-Motor Accident claim-Before Tribunal Insurance company neither pleaded nor led any evidence that driver of vehicle did not have any licence-Claimants/heirs of deceased awarded compensation-Insurance Company's appeal dismissed by Single Judge of High Court-Letters Patent Bench remitted the matter back upon framing issues for determination by Single Judge-Held, the only ground open to insurer is contained in Section I 49(2) of the Motor Vehicles Act-The burden of proof that driver did not have a licence was upon insurer which it failed to discharge-Division

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