Supreme Court of India
Rakesh Kumar & Etc. Etc. v. United India Insurance Company Ltd. & Ors. Etc. Etc.
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.
What the Court ordered
We hold that the driverofthe offending vehicle was holding a valid driving license (Exhibit R I) at the time of accident and since the Insurance Company failed to prove otherwise, it was liable to pay the compensation awarded by the Tribunal and enhanced by the High Court.
Judgment, page 6
From the headnote
Motor Vehicles Act, 1988: s.166 - Compensation - Fatal accident - Award of compensation by Tribunal - Insurer was held liable to pay compensation as the driver of the offending vehicle was holding a valid and effective driving licence - High Court accepted the insurer s appeal and exonerated the insurer on the ground that the driver of the offending vehicle did not possess a valid licence to drive the vehicle - Appeal by owner - Held: The driver of the offending vehicle proved his driving licence in his evidence and the insurer failed to adduce any evidence to prove that the driving licence
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