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august 2007

Supreme Court of India · 2007-08-20

National Insurance Co. Ltd vs Anjana Shyam & Ors

Citation / case number
AIR 2007 SUPREME COURT 2870
Court
Supreme Court of India
Petitioner
National Insurance Co. Ltd
Respondent
Anjana Shyam & Ors
Author
P.K. Balasubramanyan
Bench
A.K. Mathur, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court held that under Section 147(1)(b)(ii) of the Motor Vehicles Act, 1988, the insurance company is liable to compensate for the claims arising from an accident involving an overloaded bus, despite the owner's breach of the insurance contract. The Court clarified that the insurance company's liability is limited to the number of passengers covered by the policy, and it cannot repudiate liability based on overloading alone. The Court upheld the High Court's decision, affirming the awards made by the Motor Accident Claims Tribunal and dismissing the insurance company's appeals.

National Insurance Co. Ltd vs Anjana Shyam & Ors · Niyam