VidhiSangh

Supreme Court of India · 06/03/2018

SINGH RAM versus NIRMALA AND ORS.

[2018] 3 S.C.R. 36 · 2018 INSC 206

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld the insurer’s right to recover compensation from an owner-driver after first paying the claimant. The licence initially produced was proved fake. The alternative licence had expired before the accident and was renewed more than two years later, and the owner-driver did not testify. Applying Swaran Singh, the Court found that the insured had failed to take reasonable care concerning a valid licence. The decision rested on that proved failure, rather than treating every licensing defect as sufficient to avoid insurer liability.

Issues

  1. Whether the insurer’s pay-and-recover direction was justified by the owner-driver’s proved failure to hold and ensure an effective licence.

Held

Result

Owner-driver’s appeal dismissed without costs. Insurer’s obligation to pay the claimant and right to recover from the owner-driver upheld.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 36.