NEW INDIA ASSURANCE CO. LTD. versus MANDAR MADHAV TAMBE AND ORS.

Only a person holding a valid driving licence or a permanent driving licence at the time of accident, other than a learner’s licence, is covered by the insurance policy; a person with only a learner’s licence is not duly licensed within the meaning of the Act and policy.

Parties: Appellant: New India Assurance Co. Ltd.; Respondent No.1: Mandar Madhav Tambe; Respondent No.2: Respondent No.2; Respondent No.3: Respondent No.3
Jurisdiction: India
Judgment Date: 14 December 1995
Procedural Posture: Civil Appeal / Supreme Court, Appeal by Special Leave From Bombay High Court
Outcome: appeal allowed
Legal Topics: Driving Licence Requirements, Insurance Policy Exclusion Clauses

Motor Vehicle Law Insurance Law Driving Licence Requirements Insurance Policy Exclusion Clauses

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2

Parties

New India Assurance Co. Ltd.

Appellant

Mandar Madhav Tambe

Respondent No.1

Respondent No.2

Respondent No.3

Procedural Posture

Civil Appeal / Supreme Court, Appeal by Special Leave From Bombay High Court

Legal Issues

1 Whether the appellant company is entitled to invoke the provisions of Section 96(2)(b)(ii) of the Motor Vehicle Act
2 Whether the exclusion clause in the insurance policy absolves the appellant of liability

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Appeal allowed but with no order as to costs.
Condition at grant of special leave: appellant to pay amount awarded to claimants irrespective of appeal outcome.