Supreme Court of India · 2007-01-16
ORIENTAL INSURANCE CO. LTD. vs JHUMA SAHA .
- Citation / case number
- SC 2004/1890
- Court
- Supreme Court of India
- Petitioner
- ORIENTAL INSURANCE CO. LTD.
- Respondent
- JHUMA SAHA .
- Author
- S.B. SINHA
- Bench
- S.B. SINHA & MARKANDEY KATJU
Judgment text excerpt
The Supreme Court held that under Section 147 of the Motor Vehicles Act, 1988, an insurance policy must cover liabilities incurred by the owner of the vehicle, including the death of the owner while driving. The Court clarified that the insurer's argument, which claimed that the deceased, being the owner and driver, was not entitled to compensation, was incorrect. The appeal was allowed, overturning the High Court's decision that dismissed the claim based on the precedent set in National Insurance Co. Ltd. Chandigarh v. Nicolletta Rohtagi.