PREMKUMARI & ORS Vs. PRAHLAD DEV & ORS
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Motor Vehicles Act, 1988 - Section 166 (2) , Section 149
Insurance - Liability of Insurance Company - Fake driving licence - Owner of the vehicle satisfied himself that driver had a valid driving - No breach of section 149 (2) (a) (ii) of the MV Act - In such case Insurance Company is liable to pay the compensation - Unless Insurance Company proves that owner was aware or noticed that licence was fake, and still permitted the driver to drive the vehicle - Ratio of Apex Court decision in case of Oriental Insurance Co. Ltd. Vs. Meena Variyal and others, 2007 (5) SCC 428 reiterated.
Topic(s)-Motor Accident Claim , Compensation , Liability of Insurance Company , Fake Driving Licence ,
Important Decision(s)- In case where owner of the vehicle satisfied himself that driver had a valid driving - Insurance Company is liable to pay the compensation - Unless Insurance Company proves that owner was aware or noticed that licence was fake, and still permitted the driver to drive the vehicle.