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december 1998

Supreme Court of India · 1998-12-15

NATIONAL INSURANCE COMPANY LTD. vs NATHILAL .

Citation / case number
SC 1994/72520
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE COMPANY LTD.
Respondent
NATHILAL .
Author
K. VENKATASWAMI AND A.P. MISRA.
Bench
K. VENKATASWAMI AND A.P. MISRA.

Judgment text excerpt

The Supreme Court upheld the Rajasthan High Court's decision affirming the Motor Accident Claims Tribunal's award of Rs. 2,44,000 to the claimants under Section 110-A of the Motor Vehicles Act, 1939. The Court ruled that the insurance company's liability was not limited to Rs. 15,000 as claimed, emphasizing that the absence of a filled column for unlimited liability in the policy does not imply such limitation, especially when the premium for public risk was paid. The judgment referenced National Insurance Co. Limited vs. Judgal Kishore (AIR 1988 SC 719) to support its reasoning regarding insurance liability.

NATIONAL INSURANCE COMPANY LTD. vs NATHILAL . · Niyam