VidhiSangh

Supreme Court of India · 30/10/2023

IFFCO TOKIO GENERAL INSURANCE CO. LTD. versus GEETA DEVI AND OTHERS

[2023] 14 S.C.R. 62 · 2023 INSC 954

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Summary

The Supreme Court upheld denial of the insurer’s claimed recovery right against the vehicle owner’s successors. A fake driving licence alone did not establish the insured’s breach. The insurer neither pleaded nor proved knowing permission or failure of reasonable care, and could not add a mandatory RTO-verification or driving-test condition absent from the policy. No suspicious circumstance requiring further inquiry was shown on this record.

Issues

  1. Whether proof that the driver’s licence was fake entitled the insurer to recover compensation from the owners.
  2. Whether the owner invariably had to obtain RTO verification or conduct a driving test.

Provisions considered

Held

Result

Special leave petition dismissed; High Court order denying the insurer recovery from the vehicle owners left undisturbed.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 62.