AIR 2018 SUPREME COURT 2662 ::AIR 2018 SUPREME COURT 2662 ::(2019) 1 WLC(SC)CVL 98 ::(2018) 2 ACC 638 ::(2018) 4 CivLJ 834 ::2018 (7) SCC 558 ::2018 (3) SCC (Cri) 255 ::(2018) 3 RecCivR 131 ::(2018) 7 Scale 502 ::(2018) 3 ACJ 1768 ::(2018) 3 TAC 1 ::(2018) 3 CurCC 70 ::AIR 2018 SC (Civ) 2073 ::(2018) 130 All LR 179 ::(2018) 5 All WC 4423 ::(2018) 4 Bom CR 410 ::(2018) 3 CgLJ 313 ::(2019) 2 MPLJ 8 ::(2019) 2 Mah LJ 534 ::(2018) 72 OCR 207 ::(2018) 3 JLJR 182 ::(2018) 3 JCR 275 (SC) ::(2018) 3 Ker LJ 1 ::(2018) 3 Ker LT 911 ::(2018) 3 Raj LW 2561 ::(2018) 3 Pat LJR 217 ::(2018) 2 UC 1198 ::(2018) 188 AllIndCas 28 (SC) ::(2018) 4 AndhLD 182

Supreme Court Of India

(From: Punjab and Haryana)*

Hon'ble Judge(s): Dipak Misra, A. M. Khanwilkar , JJ

Motor Vehicles Act (59 of 1988) , S.149(2), S.66— Insurer's liability - Offending truck driven in rash and negligent manner hit motor cycle of deceased causing his death - Offending vehicle had no permit - Exceptions to necessity for permits under S. 66 are to be pleaded and proved - It cannot be taken aid of for seeking absolution from liability - Use of vehicle in public place without permit is fundamental statutory infraction - Pay and recover principle applicable - Insurer though liable to pay compensation to claimants but entitled to recover same from owner and driver. (Para 23 24)