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Admk party case full order of MR.JUSTICE KRISHNAN RAMASAMY W.P.No.27258 of 2017 Mr.Nalaperumal … Petitioner. For Petitioner : Mr.M.Govindaraju for Mr.B.Vijayasankar For Respondents : Mr.R.Niranjan Rajagopalan for M/S.G.R.Associates for R1 : Mr.C.Thirumaran for R2
by Sekar Reporter · Published January 10, 2022
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The principles laid down in Swaran Singh [National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297 : 2004 SCC (Cri) 733] and Lakhmi Chand [Lakhmi Chand v. Reliance General Insurance, (2016) 3 SCC 100 : (2016) 2 SCC (Civ) 45] in that regard would not be applicable to the case at hand. That apart, the insurer had taken the plea that the vehicle in question had no permit. It does not require the wisdom of the “Tripitaka”, that the existence of a permit of any nature is a matter of documentary evidence. Nothing has been brought on record by the insured to prove that he had a permit of the vehicle. In such a situation, the onus cannot be cast on the insurer.
by Sekar Reporter · Published April 8, 2024