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2007 (3) TMI 663 - SC - Indian LawsInsurance claim - whether prudent insurer will take the risk and, if so, at what premium and on what conditions? Whether the owner has taken reasonable care to find out as to whether the driving licence produced by the driver (a fake one or otherwise)? Whether the plaintiff is entitled to have that sum paid over to him or whether it constitutes assets available for the general body of the company’s creditors? Held that:- Appeal allowed. Where originally the license was a fake one, renewal cannot cure the inherent fatality. In case of third party risks the insurer has to indemnify the amount and if so advised to recover the same from the insured.The concept of purposive interpretation has no application to cases relatable to Section 149 of the Act. The High Courts/Commissions shall now consider the matter afresh in the light of the position in law as delineated above.
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