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april 2008

Supreme Court of India · 2008-04-22

Oriental Insurance Co. Ltd vs Rajni Devi & Ors

Citation / case number
AIRONLINE 2008 SC 33
Court
Supreme Court of India
Petitioner
Oriental Insurance Co. Ltd
Respondent
Rajni Devi & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, V.S. Sirpurkar

Judgment text excerpt

The Supreme Court held that under Section 163-A of the Motor Vehicles Act, 1988, the claim for compensation is maintainable even if the deceased was the tort feasor, provided the accident arose from the use of the motor vehicle. The Court emphasized that the onus of proof lies with the insurance company to establish that the deceased was driving the motorcycle, and if the evidence is unclear, the claimants are entitled to compensation. The Tribunal's decision to award compensation was upheld, affirming that the insurance company's liability is unlimited in cases involving third parties.

Oriental Insurance Co. Ltd vs Rajni Devi & Ors · Niyam