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.