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january 2004

Supreme Court of India · 2004-01-20

NATIONAL INSURANCE CO. LTD. vs KESHAV BAHADUR .

Citation / case number
SC 2002/11171
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO. LTD.
Respondent
KESHAV BAHADUR .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT DORAISWAMY RAJU

Judgment text excerpt

The Supreme Court held that under Section 95(2)(b)(i) of the Motor Vehicles Act, 1939, the insurer's liability for third-party claims is limited to Rs.50,000, and thus the award of Rs.72,000 by the Tribunal was beyond the statutory limit. The Court also ruled that the stipulation of penal interest at 18% for non-payment was not supported by any provision in the Act, as only Section 110CC governs interest on compensation. Consequently, the Court set aside the High Court's order regarding the excess compensation and the penal interest, affirming the insurer's liability to pay only Rs.50,000 with interest at the statutory rate.

NATIONAL INSURANCE CO. LTD. vs KESHAV BAHADUR . · Niyam