SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(AP) 129

V.V.S.RAO
National Insurance Company Limited, represented by its Divisional Manager – Appellant
Versus
Dupati Singaiah – Respondent


Advocates appeared:
For the Appellant:Kota Subba Rao, Advocate. For the Respondent: R1 to R3,
Kota Subba Rao, Advocate.

Judgment :

Question for determination

When the driver of a motor vehicle covered by a policy of insurance drives vehicle involved in accident with fake licence, whether insurance company has to prove that there is "willful" breach of specific conditions of policy or is it sufficient to insurance company to prove that driving licence possessed by driver is fake licence by reason of which insurance company stands exonerated from its liability to indemnify owner of vehicle involved in the accident.

Background facts The above question falls for consideration in this appeal in the following brief background of the case. Respondents 1 to 4 herein (hereafter, claimants) filed M.V.O.P.No.248 of 1997 under Sections 140, 143-A and 166 of Motor Vehicles Act, 1988 (the Act, for brevity) before Motor Accident Claims Tribunal-cum-I Additional District Judge, Guntur, claiming a compensation of Rs.2,00,000/- as compensation for death of Dupati Koteswari (deceased). Be it noted first claimant is husband and claimants 2 to 4 are married daughters of deceased. Deceased aged 42 years statedly was earning Rs.1,200/- per month as agricultural labourer. On 16.4.1997 at about 9.30 pm while she was walking



















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top