KASHIRAM YADAV & ANR. versus ORIENTAL FIRE & GEN. INSURANCE CO. & ORS.
When a fatal accident is caused by an unlicensed driver, and there is breach of policy condition specified under Section 96(2)(b) of the Motor Vehicles Act, 1939, the insurer is not liable to indemnify the owner for compensation awarded.
- Parties
- Appellant No. 1 (owner): Kashiram Yadav; Appellant No. 2 (driver): Raghuraj Singh; Respondent (insurer): Oriental Fire & Gen. Insurance Co.; Respondent (claimants' Advocate): Murlidhar
- Jurisdiction
- India
- Judgment Date
- 10 August 1989
- Procedural Posture
- Civil Appeal / Supreme Court Final Appellate Decision
- Outcome
- Appeal dismissed.
- Legal Topics
- Third Party Risk, Insurance Liability, Driving Licence Requirement, Compensation for Fatal Accident
Case Brief
Summary, issues, holding and outcome
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Parties
Kashiram Yadav
Appellant No. 1 (owner)
Raghuraj Singh
Appellant No. 2 (driver)
Oriental Fire & Gen. Insurance Co.
Respondent (insurer)
Murlidhar
Respondent (claimants' Advocate)
Procedural Posture
Civil Appeal / Supreme Court Final Appellate Decision
Legal Issues
- 1 Whether the insurance company is liable to indemnify the owner when the vehicle is driven by an unlicensed driver and causes a fatal accident as per Section 96(2)(b) of Motor Vehicles Act, 1939.
Ratio Decidendi
When a fatal accident is caused by an unlicensed driver, and there is breach of policy condition specified under Section 96(2)(b) of the Motor Vehicles Act, 1939, the insurer is not liable to indemnify the owner for compensation awarded.
Court Disposition
Appeal dismissed.
Orders
- Appeal fails and is dismissed.
- No order as to costs.
Full Case Text
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