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april 2005

Supreme Court of India · 2005-04-18

National Insurance Co vs Prembai Patel And Others

Citation / case number
AIR 2005 SUPREME COURT 2337
Court
Supreme Court of India
Petitioner
National Insurance Co
Respondent
Prembai Patel And Others
Author
G.P. Mathur
Bench
R.C. Lahoti, G.P. Mathur, A.K. Mathur

Judgment text excerpt

The Supreme Court held that under Section 166 of the Motor Vehicles Act, 1988, the insurance company is liable to pay compensation for the death of an employee due to an accident involving an insured vehicle. The Court affirmed the High Court's finding that the accident was caused by a mechanical failure (the arm bolt breaking) and not by the driver's negligence. The insurance company's argument that its liability was limited to the provisions of the Workmen's Compensation Act, 1923, was rejected, and it was held liable to pay the full compensation awarded to the claimants, amounting to Rs. 2,10,000 with interest.

National Insurance Co vs Prembai Patel And Others · Niyam