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Ram Chandra Singh v. Rajaram and Ors.

Civil Appeal · 2018 INSC 700Decided 14 Aug 2018
Civil Appeal No. 8145 of 2018
Chief Justice Dipak Misra · Justice A.M. Khanwilkar

Background

This order sends the case back; it does not decide the dispute. After an accident, the driver was found to hold a fake licence. The question was whether the insurer or the vehicle owner must bear the compensation.

Decision Breakdown

This is not a final decision on the dispute. The Court found that neither the Tribunal nor the High Court had analysed whether the owner knew the licence was fake. It set aside the judgment and sent the appeal back on that limited question.

Lesson Learnt

An owner is liable for a fake licence only if he knew or failed to take reasonable care; that must be examined on evidence.

Official source (sci.gov.in)View Judgment (PDF)

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