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august 2009

Supreme Court of India · 2009-08-04

NEW INDIA ASSURANCE CO.LTD. vs KUSUM .

Citation / case number
SC 2007/166
Court
Supreme Court of India
Petitioner
NEW INDIA ASSURANCE CO.LTD.
Respondent
KUSUM .
Author
S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the issue of maintainability of an execution petition under the Motor Vehicles Act, specifically regarding the recovery of compensation awarded by the Motor Accidents Claim Tribunal. The Court held that the execution petition was maintainable and that the insurance company could recover the amount from the driver and owner of the bus, despite objections raised regarding the necessity of a civil suit for recovery. The Court emphasized the binding nature of the Tribunal's award and the obligation of the respondents to pay the compensation amount along with interest as directed.

NEW INDIA ASSURANCE CO.LTD. vs KUSUM . · Niyam