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Head Note

Motor Vehicles Act,1988  - Section 149 (2) , Section 166 , Section 163-A

Motor Accident - If the vehicle at the time of the accident was driven by a person having a learner's licence, the insurance company would be liable to satisfy the award - The amount that may be awarded to the insurance company against the insurer in an appropriate case could be recovered even by way of the enforcement of the very award - The insurance company had to satisfy the claim of the insured in cases where a defence under Section 149(2) has been established by the Company in terms of a fake licence or the learner's licence.

Motor Vehicles Act,1988  - Section 166 , Section 147 , Section 149 , Workmens Compensation Act, 1923  - Section 23

Fatal Motor Accident - Car owned by a Company - Car given to Manager for use - Manager himself driving the car - Died in accident - Manager was not a workman under Workmen's Compensation Act - Insurance Company is not liable - Nor the Insurance Company be made to pay compensation first and to recover it from Insured - Held :-Where a person is not a third party within the meaning of the Act, the insurance company cannot be made automatically liable.

Motor Vehicles Act,1988  - Section 166

Fatal Motor Accident due to negligence of driver of vehicle - Claim for compensation - Driver of vehicle should be impleaded.

Motor Vehicles Act,1988  - Motor Accident Claim

Motor Accident Claim - Obiter Dictum of Supreme Court - Binding force - An obiter dictum of Supreme Court may be binding on High Courts, but not binding on Supreme Court itself, though have a persuasive authority.

Topic(s)-Fatal Motor Accident , Obiter Dictum of Supreme Court

Important Decision(s)- At the time of the accident was driven by a person having a learner's licence, the insurance company would be liable to satisfy the award.