Supreme Court of India · 2004-02-13
Oriental Insurance Co. Ltd vs Shri Nanjappan And Ors
- Citation / case number
- AIR 2004 SUPREME COURT 1630
- Court
- Supreme Court of India
- Petitioner
- Oriental Insurance Co. Ltd
- Respondent
- Shri Nanjappan And Ors
- Author
- Arijit Pasayat
- Bench
- Doraiswamy Raju, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that under Section 168 of the Motor Vehicles Act, 1988, the insurer is liable to satisfy the awarded compensation to the claimants and may recover the amount from the vehicle owner. The Court clarified that the previous ruling in New India Assurance Company v. Satpal Singh has been overruled by New India Assurance Co. Ltd. v. Asha Rani, establishing that the insurer's liability exists despite the owner's absence in court. The High Court's decision was set aside, affirming the insurer's obligation to compensate the claimants while retaining the right to seek recovery from the insured.