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february 2008

Supreme Court of India · 2008-02-12

NEW INDIAN INSURANCE COMPANY vs DARSHANA DEVI .

Citation / case number
SC 2004/13640
Court
Supreme Court of India
Petitioner
NEW INDIAN INSURANCE COMPANY
Respondent
DARSHANA DEVI .
Author
S.B. Sinha
Bench
S.B. SINHA & V.S. SIRPURKAR

Judgment text excerpt

The Supreme Court upheld the Motor Accident Claims Tribunal's decision awarding compensation under Section 166 of the Motor Vehicles Act, 1988, despite the insurance company's claims of non-liability due to the deceased being a passenger and the driver lacking a valid license. The Court clarified that the deceased was considered a third party under the Act, and the insurance company could not escape liability even if the owners breached the insurance contract. The appeal by the insurance company was dismissed, affirming the Tribunal's findings and the compensation amount of Rs. 2,04,000.

NEW INDIAN INSURANCE COMPANY vs DARSHANA DEVI . · Niyam