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january 2002

Supreme Court of India · 2002-01-18

UNITED INDIA INSURANCE CO. LTD. vs BHUSHAN SACHDEVA .

Citation / case number
SC 2001/19155
Court
Supreme Court of India
Petitioner
UNITED INDIA INSURANCE CO. LTD.
Respondent
BHUSHAN SACHDEVA .
Bench
K.T. THOMAS & S.N. PHUKAN

Judgment text excerpt

The Supreme Court held that an insurance company has the right to appeal against an award passed by a Motor Accident Claims Tribunal under Section 173 of the Motor Vehicles Act, 1988, even if the insured has not challenged the award. The Court clarified that denying the insurer the right to appeal would be inequitable, as the entire liability falls on the insurer when the insured does not contest the award. The Court ruled that the appeal by the insurance company is maintainable, thus allowing the insurer to seek redress against the Tribunal's decision.

UNITED INDIA INSURANCE CO. LTD. vs BHUSHAN SACHDEVA . · Niyam