Supreme Court of India
National Insurance Co. Ltd. v. Laxmi Narain Dhut
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6 Supreme Court benches have cited this judgment.
What the Court ordered
The High Courts/Commissions shall now consider the maner afresh in the light of the position in law as delineated above. The appeals are allowed as aforesaid with no order as to costs.
Judgment, Paras 41-42
From the headnote
Motor Vehicles Act, 1988: Sections 147 and 149. Motor vehicles-Insurance-Third party claims-Principles laid down in Swaran Singh's case (2004) 3 SCC 297-Applicability of-Held: The decision in Swaran Singh's case has no application to cases other than third party risks-It has no application to own damage cases-Where originally the license was a fake one, renewal cannot cure the inherent fatality-In case of third party risks the insurer has to indemnify the amount and, if so advised, to recover the same from the insured Interpretation of Statutes: Purposive interpretation-Applicability of S. 149 of the Motor Vehicles Act, 1988-Held: A statute is an edict of the Legislature and in construing a statute, it is necessary to seek the intention of its maker-The concept of purposive interpretation has no application to cases relatable to Section 149 of the Act.
Authorities it was built on
- 2004 National Insurance Co. Ltd. v. Swaran Singh and Ors.
- New India Assurance Co., Shimla v. Kamla
- 1995 M/s. Complete Insulations (p) Ltd. v. New India Assurance Company Ltd.
- 2004 United India Insurance Co. Ltd. v. M/s. Harchand Rai Chandan Lal
- In Re: Harrington Motor Co. ex-parte Chaplin
Where later benches applied it
- 2018 Shamanna and Another v. The Divisional Manager the Oriental Insurance Co. Ltd. and Ors.
- 2013 Pepsu Road Transport Corporation v. National Insurance Company,
- 2020 Ramkhiladi & Anr. v. The United India Insurance Company & Anr.
- 2018 Ram Chandra Singh v. Rajaram and Ors.
- 2012 Oriental Insurance Company Ltd. v. Surendra Nath Loomba and Others
- 2012 National Insurance Company Ltd. v. Balakrishnan & Another
Of those, 2 relied on · 4 referred to
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