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may 2009

Supreme Court of India · 2009-05-06

Bhagyalakshmi And Ors vs United Insurance Co.Ltd. & Anr

Citation / case number
2009 AIR SCW 5325
Court
Supreme Court of India
Petitioner
Bhagyalakshmi And Ors
Respondent
United Insurance Co.Ltd. & Anr
Author
S.B. Sinha
Bench
Mukundakam Sharma, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the liability of an insurance company under Section 166 of the Motor Vehicles Act, 1988, concerning the death of a passenger in a private car. The Court held that the deletion of the second proviso to Section 95(1)(b) of the Motor Vehicles Act, 1939, implies that insurance policies must cover the risk of passengers in private vehicles. The Court overturned the High Court's ruling, affirming that the comprehensive insurance policy did cover the deceased passenger, thus entitling the claimants to compensation.

Bhagyalakshmi And Ors vs United Insurance Co.Ltd. & Anr · Niyam