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august 2007

Supreme Court of India · 2007-08-20

NATIONAL INSURANCE CO. LTD. vs ANJANA SHYAM .

Citation / case number
SC 2000/7989
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO. LTD.
Respondent
ANJANA SHYAM .
Author
P.K. BALASUBRAMANYAN A.K. MATHUR
Bench
P.K. BALASUBRAMANYAN A.K. MATHUR

Judgment text excerpt

The Supreme Court addressed the liability of an insurance company under Section 147 of the Motor Vehicles Act, 1988, in the context of a bus accident involving overloading. The Court held that the insurance company could not repudiate liability solely based on the bus being overloaded, as the Motor Accident Claims Tribunal had validly awarded compensation under Section 166 of the Act. The Court emphasized that the State's negligence in enforcing overloading regulations could also be a factor in determining liability, but ultimately upheld the Tribunal's decision to hold the insurance company liable for the awarded amounts.

NATIONAL INSURANCE CO. LTD. vs ANJANA SHYAM . · Niyam