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february 2008

Supreme Court of India · 2008-02-15

NATIONAL INSURANCE CO.LTD. vs MOST.MINA MISHRA

Citation / case number
SC 2007/7030
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO.LTD.
Respondent
MOST.MINA MISHRA
Bench
S.B. SINHA & V.S. SIRPURKAR

Judgment text excerpt

The Supreme Court held that an insurance company is not liable for compensation related to death or bodily injury suffered by the owner of a vehicle unless there is a special contract between the insured and the insurer. This decision is consistent with the principles established in National Insurance Co. Ltd. vs. Laxmi Narain Dhut and The Oriental Insurance Company Limited vs. Meena Variyal, which clarify that employees not covered under the Workmen’s Compensation Act cannot claim compensation from the insurer without such a contract. The Court set aside the impugned judgment and allowed the appeal.

NATIONAL INSURANCE CO.LTD. vs MOST.MINA MISHRA · Niyam