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2007 Supreme(SC) 1344

S.B.SINHA, HARJIT SINGH BEDI
United India Insurance Co. Ltd – Appellant
Versus
Davinder Singh – Respondent


Judgement Key Points

The court in this case primarily focused on the liability of the insurance company in relation to the validity of the driver's license and the conditions of the insurance policy. The judgment emphasized that the insurance company is not liable to indemnify the owner if the driver possessed a forged or invalid license, and that the owner has a duty to take reasonable care to verify the validity of the license. The court also distinguished between statutory liability and contractual obligations, indicating that the insurer's liability depends on the proof of negligence or breach of policy conditions by the insured.

While the judgment underscores the importance of proving a deficiency or breach (such as the driver not having a valid license) to establish liability, it also clarifies that if no such deficiency or breach is proven, the insurer cannot be held liable for indemnification. In essence, the court held that the insurer's liability is contingent upon proof of negligence or failure to exercise reasonable care by the owner, and if such proof is absent, no compensation can be awarded.

Therefore, the court did hold that in the absence of proof of deficiency or breach (such as the driver not possessing a valid license), the insurance company cannot be held liable to pay compensation.


JUDGMENT:

S.B. SINHA, J :


1. Leave granted.

2.Whether renewal of a licence granted to drive a motor vehicle which was originally found to be forged would lead to any liability on the part of the insurance company is the core question involved in this appeal which arises out of a judgment and order dated 9.10.2006 passed by National Consumer Disputes Redressal Commission, New Delhi in R.P. No. 2908 of 2006.

3.Respondent is the owner of the vehicle bearing No. HR-37A-5521. He got the said vehicle insured on 10.11.2003 for one year, i.e., upto 9.11.2004. It met with an accident on 20.04.2004 with a truck. The said vehicle was being driven by one Kulbir Singh. Upon investigation made in this behalf, it was found that the licence bearing No. 6604/R-91-92 held by Kulbir Singh was not issued by the Licensing Authority, Solan.

4. However, a complaint petition was filed under Section 12 of the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum complaining deficiency in service for not paying the amount of damages which was covered by the insurance policy, which the appellant was allegedly bound to pay. The said complaint petition was allowed awarding a sum o








































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