NEW INDIA ASSURANCE CO. LTD. versus MANJIT KAUR AND ORS.
Since both Tribunal and High Court allowed insurance company to realize compensation from the driver of the offending vehicle, there is no justification for interference under Article 136.
- Parties
- Petitioner: New India Assurance Co. Ltd.; Respondent: Manjit Kaur; Respondent: Others
- Jurisdiction
- India
- Judgment Date
- 05 January 2004
- Procedural Posture
- Special Leave Petition (civil) / Final Disposition
- Outcome
- petition dismissed
- Legal Topics
- Driver Without Licence, Compensation, Realization From Driver, Discretionary Jurisdiction Under Article 136
Case Brief
Summary, issues, holding and outcome
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Full judgment text Legal principles 1 Authorities cited 3 Party arguments 1
Parties
New India Assurance Co. Ltd.
Petitioner
Manjit Kaur
Respondent
Others
Respondent
Procedural Posture
Special Leave Petition (civil) / Final Disposition
Legal Issues
- 1 Whether compensation awarded can be recovered from the driver who did not hold a driving licence
- 2 Whether Tribunal and High Court erred in their judgment given the driver was also the owner and was unlicensed
Ratio Decidendi
Since both Tribunal and High Court allowed insurance company to realize compensation from the driver of the offending vehicle, there is no justification for interference under Article 136.
Court Disposition
petition dismissed
Orders
- Petition dismissed.
Full Case Text
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