Supreme Court of India
Punam Devi and Anr. v. Divisional Manager, New India Assurance Co. Ltd. and Ors.
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From the headnote
Motor Vehicles Act, 1988 S. I 49(2)-Motor Accident claim-Before Tribunal Insurance company neither pleaded nor led any evidence that driver of vehicle did not have any licence-Claimants/heirs of deceased awarded compensation-Insurance Company's appeal dismissed by Single Judge of High Court-Letters Patent Bench remitted the matter back upon framing issues for determination by Single Judge-Held, the only ground open to insurer is contained in Section I 49(2) of the Motor Vehicles Act-The burden of proof that driver did not have a licence was upon insurer which it failed to discharge-Division…
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