New India Assurance Co. Ltd vs Sadanand Mukhi & Ors

The Supreme Court addressed the applicability of Section 165 of the Motor Vehicles Act, 1988, regarding the liability of the insurer in a case where the deceased was the son of the vehicle owner and not a third party. The Court held that the deceased, being the driver and not a third party, could not claim compensation under the Act, emphasizing that the claimants failed to establish negligence on the part of the vehicle owner. Consequently, the appeal against the High Court's dismissal of the claim was upheld, affirming the Tribunal's decision that the insurer was not liable for indemnification in this context.