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february 2004

Supreme Court of India · 2004-02-13

ORIENTAL INSURANCE CO. LTD. vs NANJAPPAN .

Citation / case number
SC 2003/4549
Court
Supreme Court of India
Petitioner
ORIENTAL INSURANCE CO. LTD.
Respondent
NANJAPPAN .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT. DORAISWAMY RAJU

Judgment text excerpt

The Supreme Court held that the insurer, Oriental Insurance Company Limited, is liable to pay compensation to the claimants as per Section 168 of the Motor Vehicles Act, 1988, despite the earlier ruling in New India Assurance Company v. Satpal Singh being overruled. The Court clarified that the insurer can recover the amount paid from the vehicle owner, emphasizing the need for equitable relief to the claimants. The judgment of the Madras High Court was set aside, and the insurer was directed to satisfy the awarded amount to the claimants.

ORIENTAL INSURANCE CO. LTD. vs NANJAPPAN . · Niyam