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december 2005

Supreme Court of India · 2005-12-09

NATIONAL INSURANCE CO. LTD. vs MASTAN

Citation / case number
SC 2004/26281
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO. LTD.
Respondent
MASTAN
Author
P.K. BALASUBRAMANYAN S.B. SINHA
Bench
P.K. BALASUBRAMANYAN S.B. SINHA

Judgment text excerpt

The Supreme Court ruled that an insurer defending an action under the Workmen’s Compensation Act, 1923, is limited to the defenses available under Section 149(2) of the Motor Vehicles Act, 1988. The Court upheld the Full Bench's finding that contributory negligence is not a valid defense in such cases, emphasizing that the insurer cannot appeal on grounds other than those specified in the 1988 Act. The appeal by the insurer was dismissed, affirming the compensation awarded to the workman.

NATIONAL INSURANCE CO. LTD. vs MASTAN · Niyam