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february 2009

Supreme Court of India · 2009-02-09

ORIENTAL INSURANCE CO. LTD. vs VIMLA DEVI .

Citation / case number
SC 2005/7583
Court
Supreme Court of India
Petitioner
ORIENTAL INSURANCE CO. LTD.
Respondent
VIMLA DEVI .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,ASOK KUMAR GANGULY, , ,

Judgment text excerpt

The Supreme Court held that under Section 166 of the Motor Vehicles Act, 1988, the Motor Accidents Claims Tribunal (MACT) and the High Court erred in concluding that the insurance policy covered passengers in a goods commercial vehicle without evidence of premium payment for such coverage. The Court remitted the matter back to the MACT for reconsideration of the original documents regarding premium payments and to determine liability accordingly. The appeals were allowed to this extent.

ORIENTAL INSURANCE CO. LTD. vs VIMLA DEVI . · Niyam