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march 2009

Supreme Court of India · 2009-03-20

New India Assurance Co.Ltd vs Bismillah Bai & Ors

Citation / case number
AIR 2009 SC (SUPP) 2289
Court
Supreme Court of India
Petitioner
New India Assurance Co.Ltd
Respondent
Bismillah Bai & Ors
Bench
P.Sathasivam, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the High Court's decision to modify the Motor Accident Claims Tribunal's award, which exonerated the Insurance Company from liability under Section 166 and 140 of the Motor Vehicles Act. The Court established that the Insurance Company could not be absolved of its responsibility to compensate the claimants, as it failed to present evidence in rebuttal and was effectively ex parte. The Court held that the claimants had successfully proven their case against the Insurance Company, leading to an award of Rs.3,12,000/- with interest to the claimants.

New India Assurance Co.Ltd vs Bismillah Bai & Ors · Niyam