VidhiSangh

Supreme Court of India · 08/10/2025

HIND SAMACHAR LTD. (DELHI UNIT versus NATIONAL INSURANCE COMPANY LTD. & ORS.

[2025] 11 S.C.R. 126 · 2025 INSC 1204

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Summary

The Supreme Court set aside the High Court's 'pay and recover' direction against the owner of an offending truck. Even assuming the driver's licence was fake, the insurer had neither pleaded nor proved a lack of due diligence by the owner in employing the driver or entrusting the vehicle, and the owner's production of the licence did not by itself show collusion.

Issues

  1. Whether the insurer was entitled to recover the compensation paid to third-party claimants from the owner of the truck on the ground that the driver held a fake driving licence.
  2. Whether collusion between the owner and the driver could be inferred because the owner, rather than the driver, produced the licence before the Tribunal and the driver did not contest the claim.
  3. Whether the evidence relied on by the High Court (a licence said to have been seized, and an interpolated licence register of the DTO, Gurdaspur) established the insured's breach.

Held

Result

Appeals allowed; the High Court's grant of a right to the insurer to recover the award amounts from the truck owner set aside; the other directions of the Tribunal as modified by the High Court, including the award amounts, left undisturbed.

Judgment PDF: Supreme Court of India, [2025] 11 S.C.R. 126.