Vehicular accident-Liability to pay compensation-Defence of the Insurer-Fake Driving Licence - National Insurance Corporation Ltd. Vs. Kanti Devi

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Motor Accident Claim
Mode of Citation- ILC-2014-SC-MAC-....

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ILC-2005-SC-MAC-May-2

National Insurance Corporation Ltd. Vs. Kanti Devi

Motor Vehicles Act,1988 - Section 149 , Section 166

Vehicular accident - Liability to pay compensation - Defence of the Insurer - Fake Driving Licence or Insured did not take adequate care and caution to verify the genuineness of the licence are permissible - Held, defence can be raised by the Insurer about the licence being fake or that the driver did not have the requisite driving licence to drive a particular type of vehicle - It will be for the insurer to prove that the insured did not take adequate care and caution to verify genuineness of the licence held by the driver - Matter remitted back to the MACT for fresh consideration permitting the parties to lead such further evidence in view of the principle enunciated by this Court in Swaran Singh's case.

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Topic(s)-Vehicular accident , Liability to pay compensation , Defence of the Insurer , Fake Driving Licence