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april 2008

Supreme Court of India · 2008-04-22

ORIENTAL INSURANCE CO.LTD. vs RAJNI DEVI .

Citation / case number
SC 2007/10009
Court
Supreme Court of India
Petitioner
ORIENTAL INSURANCE CO.LTD.
Respondent
RAJNI DEVI .
Author
V.S. SIRPURKAR S.B. SINHA
Bench
V.S. SIRPURKAR S.B. SINHA

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 any defenses, including the identity of the driver. The Tribunal's decision to award compensation was upheld, affirming that the liability of the insurance company is unlimited in cases involving third parties.

ORIENTAL INSURANCE CO.LTD. vs RAJNI DEVI . · Niyam