Hind Samachar Ltd. vs National Insurance Company Ltd. 2025 INSC 1204 - Motor Accident Compensation- Driving Licence Verification
Motor Accident Compensation - High Court issued “pay and recover” directions in favour of the insurer and against the insured owner of the truck- Allowing appeal by owner, SC held: The owner of a vehicle employing a driver can only look at the licence produced by the person seeking employment and is not expected to verify from the licence issuing authority whether the licence is fake or not - The insurance company has to bring out the absence of due diligence in the employment of the driver or the entrustment of the vehicle, to prove breach by the insured.
Case Info
Case Details
- Case name: Hind Samachar Ltd. (Delhi Unit) vs National Insurance Company Ltd. & Ors.
- Neutral citation: 2025 INSC 1204
- Coram: Justice K. Vinod Chandran; Justice N. V. Anjaria
- Judgment date: October 08, 2025
- Disposition: Appeals allowed; High Court’s pay-and-recover directions set aside; compensation awards otherwise undisturbed.
Caselaws and Citations
- United India Insurance Co. Ltd. v. Lehru and Ors.: (2003) 3 SCC 338.
- National Insurance Co. Ltd. v. Swaran Singh: (2004) 3 SCC 297.
- New India Assurance Co. v. Kamla: (2001) 4 SCC 342.
- PEPSU RTC v. National Insurance Co. Ltd.: (2013) 10 SCC 217.
- IFFCO Tokio General Insurance Co. Ltd. v. Geeta Devi: 2023 SCC OnLine SC 1398.
Statutes/Laws Referred
- Motor Vehicles Act and relevant Rules (referenced in context of licence validity and renewal periods, due diligence, and insurer liability for breach).
