HIND SAMACHAR LTD. (DELHI UNIT versus NATIONAL INSURANCE COMPANY LTD. & ORS.
The High Court erred in directing pay and recovery against the owner because the insurer failed to prove that the insured deliberately breached the condition of entrustment or failed to exercise due diligence; production of the licence by the owner and existence of a renewal certificate, together with absence of proof of collusion or entrustment breach, meant the insurer could not be allowed to recover the award amounts from the owner.
Source excerpt
- Pay and recovery
- Fake driving licence
- Entrustment of vehicle
- Due diligence in employment of driver
- Composite negligence
- Indemnity by insurer