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.