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Pappu & Ors. vs. Vinod Kumar Lamba & Anr. – (SC)

38.00 3.80

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Motor Vehicles Act, 1988–Sec. 149–Liability of paying compensation in case where the owner of vehicle fails to prove that the driver of offending vehicle was having valid licence–Held, once the defence taken by Insurance Company is accepted, Tribunal is bound to discharge it from liability and fix the liability on the owner/driver of vehicle–However, the Insurance Company can be directed to pay the award amount to the claimants and in turn, recover the same from the owner of vehicle–In the instant case, owner of vehicle failed to prove the fact of valid licence–Appeal deserves to be allowed upto the extent that the Insurance Company shall satisfy the award in the first instance with liberty to recover the same from the owner of vehicle.