National Insurance Co. Ltd. v. Swaran Singh

PRINCIPAL COMMISSIONER OF INCOME TAX 5, KOLKATA vs. SHYAM KUMAR BAID

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

…ce Company Limited versus Swaran Singh4, the Hon’ble Supreme Court held as hereunder: “110. The summary of our findings to the various issues as raised in these petitions is as follows: 4 (2004) 3 SCC 297 9 (i) x x x x x (ii) An insurer is entitled to raise a defence in a claim petition filed under Section 163-A or Section 166 of the Motor Vehicles Act, 1988, inter alia, in terms of Section 149(2)(a)(ii) of the said Act. (iii) The breach of policy condition e.g. disqualification of the driver or invalid driving license of the dr…

PRINCIPAL COMMISSIONER OF INCOME TAX - 2 vs. M/. VISAKHA CONTAINER TERMINAL PVT LTD

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

…th and bodily injury are covered. 19. Even otherwise if the facts of the case is considered in the light of the law laid down by the Hon'ble Supreme Court in the matter of National Insurance Co. Ltd. v. Swaran Singh and Others reported in (2004) 3 SCC 297, wherein the Hon'ble Supreme Court while dealing with the issue of fake licence, has held as under :- “110. The summary of our findings to the various issues as raised in these petitions is as follows: (i) Chapter XI of the Motor Vehicles Act, 1988 providing compulsory insurance of vehicles against third party risks is a social…

B.T. PATIL and MAHALAXMI JOINT VENTURE vs. PRINCIPAL COMMISSIONER OF INCOME TAX

Bench: H.B.PRABHAKARA SASTRY,VINEET KOTHARI

…he insurance company to pay the compensation amount to the appellant claimant with liberty to recover the same from the tractor owner, in view of the consistent view taken in that regard by this Court in National Insurance Co. Ltd. v. Swaran Singh (2004) 3 SCC 297, Mangla Ram v. Oriental Insurance Co. Ltd, (2018) 5 SCC 656, Rani v. National Insurance Co. Ltd, (2018) 8 SCC 492 and including Manuara Khatun v. Rajesh Kumar Singh, (2017) 4 SCC 796. In other words, the High Court should have partly allowed the appeal preferred by Respondent 2. The appellant may, therefore, succeed in getting reli…

Commissioner of Income-Tax-I vs. A.P. Industrial Infrastructure Corporation Ltd

…with interest @ 9% per annum from the date of filing of the petition till realization is not in accordance with law. 12. While relying on the judgment of the Hon‟ble Supreme Court in National Insurance Company Limited v. Swaran Singh reported as (2004) 3 SCC 297, the Appellant submitted that in order to avoid liability by the insurer, respondent No.6 not only has to prove breach of valid and effective driving license but also has to prove that breach on part of the insured was willful and that the said breach was so fundamental to become the cause of the accident. He further went ahead and submitted t…

The Commissioner of Income Tax IV vs. Prefab Gratings Limited,

Bench: Honourable Mr. Justice Manish Choudhury Judgment & Order (Cav) Date : 24-05-2019

…f the insured, in that the insured was aware or had noticed that the licence was fake and he thereafter also, allowed that person to drive. 23. In a three-Judge Bench decision in National Insurance Co. Ltd. vs. Swaran Singh and others, reported in (2004) 3 SCC 297, the Supreme Court after considering many earlier decisions on a number of issues including on validity of driving licence qua liability of the insurer under Section 149(2)(a)(ii), Motor Vehicles Act, 1988, summarized its findings in para 110 of the judgment as under :- “110. The summary of our findings to the various issues as raised in these pe…

The Commissioner of Income Tax vs. Sri S. Nanda Gopal Reddy,

In the result, this appeal is allowed in part

…M.A. No. 264 of 2013 per se make the insurance company liable? 12. This Court in National Insurance Co. Ltd. [National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297 : 2004 SCC (Cri) 733] has noticed the defences available to the insurance company under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988. The insurance company is entitled to take a defence that the offending vehicle was driven by an unauthorised person or the person driving the vehicle did not have a valid driving licence. The onus woul…

The Commissioner of Income Tax (Central) vs. Rajapushpa Properties

In the result, the appeal stands dismissed

…iving license. It is contended that in view of the finding of the Tribunal the liability should not have been fastened upon the appellant-Insurance Company. In support of his contention, learned counsel has relied on the decisions reported in (2004) 3 SCC 297 (para 84); (2010) 1 JCR 450 (Jhr.) and (2009) 3 JCR 351 (Jhr.) (para 5). 9. It is canvassed that there was contributory negligence of the deceased in the accident, since he was travelling in the tempo carrying 10-12 passengers which had the capacity to carry three (3) passengers as stipulated in the 4. R/C Book. It is submitted…