Supreme Court of India · 2009-03-27
NEW INDIA ASSURANCE CO. LTD. vs SATBIR .
- Citation / case number
- SC 2005/4060
- Court
- Supreme Court of India
- Petitioner
- NEW INDIA ASSURANCE CO. LTD.
- Respondent
- SATBIR .
- Author
- ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court set aside the Punjab and Haryana High Court's order dismissing the appeal of New India Assurance Co. Ltd., holding that the Motor Accident Claims Tribunal (MACT) erred in attributing liability without including the owner and insurer of the TATA 407 vehicle in the claim petition. The Court emphasized that contributory negligence was established, but the MACT's direction for joint and several liability was flawed due to the absence of necessary parties. The matter was remitted for fresh consideration by the High Court, with no order as to costs.