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.