Supreme Court of India
Oriental Insurance Co. Ltd. v. Zaharulnisha & Ors.
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
Held as under: G "Furthermore, the insurance company with a view to avoid its liabilities is not only required to show that the conditions """ laid down under Section 149(2)(a) or (b) are satisfied but is further required to establish that there has been a breach on the part of the insured.
Judgment, page 7
From the headnote
Motor Vehicles Act, 1988 - s. 149 (2) and 10 (2) - Motor accident causing death - By two wheeler scooter - Driver of c the offending vehicle not holding valid licence - Claim for compensation - Motor Accident Claims Tribunal as well as High Court awarding compensation - Direction to insurance. Company to satisfy the award - On appeal, held: The driving of vehicle without a valid licence was in violation of s. 10 (2) - Hence Insurance Company not liable to pay the compensation ).. - However, Insurance Company directed to satisfy the award with liberty to recover the same from the owner of the
Where later benches applied it
- 2016 Mukund Dewangan v. Oriental Insurance Co. Ltd. Etc.
- 2009 New India Assurance Co. Ltd. & Anr v. Kusum & Ors.
Of those, 2 mentioned
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