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Supreme Court of India 2020-03-04 allowed

Nirmala Kothari vs United India Insurance Co. Ltd

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court held that an insured employer is not required to conduct extensive investigations into a driving licence's authenticity beyond examining the document itself, unless there is reason to suspect forgery. The burden rests on the insurance company to prove the insured was willfully negligent or aware the licence was fake. Here, the employer checked the driver's licence before employment, the licence appeared genuine, the driver competently operated the vehicle, and the insurer did not allege willful negligence. Consequently, the insurance company remained liable despite the licensing authority's inability to verify the licence record. The appeals were allowed, reversing the lower judgment.

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Motor Vehicles Insurance Law Negligence Employer Liability Driving Licence Verification

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