Niyam v2 is live — start for just ₹100 — 200 credits to try

december 2008

Supreme Court of India · 2008-12-18

NEW INDIA ASSURANCE CO. LTD. vs SADANAND MUKHI .

Citation / case number
SC 2007/19018
Court
Supreme Court of India
Petitioner
NEW INDIA ASSURANCE CO. LTD.
Respondent
SADANAND MUKHI .
Author
S.B. SINHA
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court held that under Section 165 of the Motor Vehicles Act, 1988, the insurer is liable to indemnify third parties, and since the deceased was the son of the vehicle owner, he was not considered a third party. The Court emphasized that the claimants must establish negligence on the part of the driver to claim compensation, which was not proven in this case. Consequently, the appeal was dismissed, affirming the lower court's decision that the claim was not maintainable.

NEW INDIA ASSURANCE CO. LTD. vs SADANAND MUKHI . · Niyam