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.