Supreme Court of India
National Insurance Co. Ltd. v. Laxmi Narain Dhut
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.
6 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above analysis the following situations emerge: C I. The decision in Swaran Singh 's case (supra) has no application to cases other than third party risks.
Judgment, page 24
From the headnote
Motor Vehicles Act, 1988: Sections 147 and 149. Motor vehicles-Insurance-Third party claims-Principles laid down in Swaran Singh's case (2004) 3 SCC 297-Applicability of-Held: The decision in Swaran Singh's case has no application to cases other than third party risks-It has no application to own damage cases-Where originally the license was a fake one, renewal cannot cure the inherent fatality-In case of third party risks the insurer has to indemnify the amount and, if so advised, to recover the same from the insured Interpretation of Statutes: Purposive interpretation-Applicability of S. I
Where later benches applied it
- 2018 Shamanna and Another v. The Divisional Manager the Oriental Insurance Co. Ltd. and Ors.
- 2013 Pepsu Road Transport Corporation v. National Insurance Company,
- 2020 Ramkhiladi & Anr. v. The United India Insurance Company & Anr.
- 2018 Ram Chandra Singh v. Rajaram and Ors.
- 2012 Oriental Insurance Company Ltd. v. Surendra Nath Loomba and Others
- 2012 National Insurance Company Ltd. v. Balakrishnan & Another
Of those, 2 relied on · 4 referred to
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