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

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Motor Vehicles Act, 1988–Sec. 149(2)(a)(ii)–Defence available to Insurance Company–Insurance Company can take the defence that the offending vehicle was driven by a unauthorised person or the person driving the vehicle did not have a valid licence–Onus would shift on Insurance Company only after the owner of the offending vehicle pleads and proves the fact within his knowledge that the driver of the offending vehicle was authorised by him to drive the vehicle and he was having a valid driving licence at the relevant time.