PUNAM DEVI AND ANR. versus DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD. AND ORS.

Since the insurer failed to discharge its burden of proving the driver had no licence, it cannot avoid liability under Section 149(2) Motor Vehicles Act.

Parties: Appellant: Punam Devi; Respondent: Divisional Manager, New India Assurance Co. Ltd.
Jurisdiction: India
Judgment Date: 12 February 2004
Procedural Posture: Civil Appeal / Supreme Court Appeal From Patna High Court (letters Patent Appeal Judgment)
Outcome: appeal allowed
Legal Topics: Burden of Proof, Driver Licensing, Insurer Liability, Compensation Quantum

Motor Accident Claims Insurance Law Burden of Proof Driver Licensing Insurer Liability Compensation Quantum

Case Brief

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Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Punam Devi

Appellant

Divisional Manager, New India Assurance Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Patna High Court (letters Patent Appeal Judgment)

Legal Issues

1 Whether the insurer can avoid liability on the ground that the driver had no licence when no evidence was led before the Tribunal
2 Whether the Letters Patent Bench was correct to remit the matter for issue determination after the Single Judge's dismissal of the insurer's appeal

Ratio Decidendi

Since the insurer failed to discharge its burden of proving the driver had no licence, it cannot avoid liability under Section 149(2) Motor Vehicles Act.

Court Disposition

appeal allowed

Orders

Order and judgment of the Division Bench set aside
No order as to costs