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december 2005

Supreme Court of India · 2005-12-09

National Insurance Company vs Mastan & Anr

Citation / case number
AIR 2006 SUPREME COURT 577
Court
Supreme Court of India
Petitioner
National Insurance Company
Respondent
Mastan & Anr
Author
S.B. Sinha
Bench
S.B. Sinha, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court held that an insurer defending an action under the Workmen's Compensation Act, 1923, is restricted from raising defenses as per Section 149(2) of the Motor Vehicles Act, 1988, in the context of compensation claims. The Court affirmed the Full Bench decision that the insurer can only contest based on policy violations and cannot appeal on grounds of negligence or contributory negligence. The appeal by the insurer was dismissed, reinforcing the principle that the Workmen's Compensation Act operates independently of the Motor Vehicles Act regarding defenses available to insurers.

National Insurance Company vs Mastan & Anr · Niyam