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2003 Supreme(Raj) 172

S.N.VARIAVA, B.N.AGRAWAL
United India Insurance Company Ltd. – Appellant
Versus
Lehru – Respondent


Advocates Appeared:
Vishnu Mehra and B.K. Satij, Advocates, for Appellant S.K. Bansal, Mrs. Savitri Bansal, Dharam Bir Raj Vohra, Gagan Gupta and S.S. Khanduja, Advocates, for Respondents

Honble VARIAVA, J.–Leave granted.

(2). Heard parties.

(3). This appeal is against a judgment of the High Court dated 5.12.2000.

(4). By this appeal, the Insurance Company seeks to avoid its liability on the ground that the licence of the driver of the car was a fake licence. As is indicated hereafter the question whether an Insurance Company can avoid liability to a third party who is involved in the accident is no longer res integra. It is fully covered by decisions of this Court. We find that in spite of the point being fully covered. in a large number of matters the Insurance Companies are still seeking to get out of liability to third parties on the ground that the licence was fake. We have noticed that many matters are still being brought to this Court on this point. It is therefore necessary to again reiterate the legal position. In this case the Appellants have not even been able to prove that the licence was fake. Yet they have deprived the claimants of use of the money for all these years by filing unnecessary appeals.

(5). In this case, the driver, at time of accident was one Janu s/o Kallu. During trial he filed, before the Motor Accident Claims Tribunal, his original licenc



























































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