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december 2007

Supreme Court of India · 2007-12-12

DEDDAPPA vs BRANCH MANAGER, NATIONAL INS. CO. LTD.

Citation / case number
SC 2006/9271
Court
Supreme Court of India
Petitioner
DEDDAPPA
Respondent
BRANCH MANAGER, NATIONAL INS. CO. LTD.
Author
HARJIT SINGH BEDI S.B. SINHA
Bench
HARJIT SINGH BEDI S.B. SINHA

Judgment text excerpt

The Supreme Court held that under Section 166 of the Motor Vehicles Act, 1988, the liability of the insurer persists despite the cancellation of the insurance policy due to dishonoured premium payment, as established in Oriental Insurance Co. Ltd. v. Inderjit Kaur and National Insurance Co. Ltd. v. Seema Malhotra. The Court reversed the Karnataka High Court's decision, affirming the Motor Accidents Claims Tribunal's award of Rs.1,58,000/- in compensation to the appellant for the death of her daughter caused by a negligent driver. The insurer was held liable for the compensation despite the policy's cancellation prior to the accident.

DEDDAPPA vs BRANCH MANAGER, NATIONAL INS. CO. LTD. · Niyam