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february 2008

Supreme Court of India · 2008-02-05

New India Assurance Company Ltd vs Ramila & Ors

Court
Supreme Court of India
Petitioner
New India Assurance Company Ltd
Respondent
Ramila & Ors
Bench
Aftab Alam, A.K. Mathur

Judgment text excerpt

The Supreme Court upheld the Madhya Pradesh High Court's decision which dismissed the Insurance Company's appeal against the compensation awarded to the claimants under Section 95 of the Motor Vehicles Act, 1988. The Court clarified that the limit of Rs.50,000/- applies to property damage, not to death or bodily injury, which is covered under Section II-1(i) of the insurance policy. The Court also noted that the Insurance Company failed to raise the limitation of liability in its written statement, thus affirming the High Court's enhancement of compensation to Rs.5,57,000/- for the LRs of Vimal Kumar and Rs.1,67,600/- for Rameshchand.

New India Assurance Company Ltd vs Ramila & Ors · Niyam