SARDARI & ORS. versus SUSHIL KUMAR & ORS.

SARDARI & ORS. versus SUSHIL KUMAR & ORS.

Where the driver does not possess a driving licence and such breach of insurance policy is established on record, the insurance company is not liable to pay compensation; liability rests with the driver and vehicle owner.

Parties
Appellant: Sardari & Ors.; Respondent: Sushil Kumar & Ors.
Jurisdiction
India
Judgment Date
04 March 2008
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Motor Accident Claims, Insurance Liability, Unlicensed Driver, Compensation for Death, Statutory Obligations of Vehicle Owners
Motor Vehicle Law Insurance Law Tort Law Motor Accident Claims Insurance Liability Unlicensed Driver Compensation for Death Statutory Obligations of Vehicle Owners

Case Brief

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Parties

Sardari & Ors.

Appellant

Sushil Kumar & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the insurance company is liable to pay compensation when the offending vehicle's driver does not possess a valid driving licence
  2. 2 Whether the vehicle owner is liable for compensation when the driver is unlicensed

Ratio Decidendi

Where the driver does not possess a driving licence and such breach of insurance policy is established on record, the insurance company is not liable to pay compensation; liability rests with the driver and vehicle owner.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs