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.