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    <title>1996 (7) TMI 561 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=172332</link>
    <description>An insurer cannot avoid third-party liability merely because a vehicle was driven by an unlicensed person if the insured did not willfully permit the breach. The exclusion for driving by an unlicensed person under the Motor Vehicles Act was construed to require a breach by the insured himself, and mere proof of unlicensed driving was held insufficient where the owner had engaged a licensed driver and placed the vehicle in his charge. The owner was also not absolved, because an act authorised in substance but done in an unauthorised manner by a servant in the course of employment remains within the scope of employment as against third parties. The insurer was therefore liable to satisfy the award jointly and severally with the owner.</description>
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    <pubDate>Wed, 17 Jul 1996 00:00:00 +0530</pubDate>
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      <title>1996 (7) TMI 561 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=172332</link>
      <description>An insurer cannot avoid third-party liability merely because a vehicle was driven by an unlicensed person if the insured did not willfully permit the breach. The exclusion for driving by an unlicensed person under the Motor Vehicles Act was construed to require a breach by the insured himself, and mere proof of unlicensed driving was held insufficient where the owner had engaged a licensed driver and placed the vehicle in his charge. The owner was also not absolved, because an act authorised in substance but done in an unauthorised manner by a servant in the course of employment remains within the scope of employment as against third parties. The insurer was therefore liable to satisfy the award jointly and severally with the owner.</description>
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      <pubDate>Wed, 17 Jul 1996 00:00:00 +0530</pubDate>
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