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august 2010

Supreme Court of India · 2010-08-03

Bimlesh & Ors vs New India Assurance Co.Ltd

Citation / case number
AIR 2010 SUPREME COURT 2591
Court
Supreme Court of India
Petitioner
Bimlesh & Ors
Respondent
New India Assurance Co.Ltd
Author
R.M. Lodha
Bench
Aftab Alam, R.M. Lodha

Judgment text excerpt

The Supreme Court held that the claim petition filed under Section 163-A of the Motor Vehicles Act, 1988 is maintainable against the Insurance Company, despite the deceased being the owner and driver of the vehicle. The Court emphasized that the determination of the Insurance Company's liability is contingent upon the interpretation of the insurance policy, particularly regarding the additional premium paid to cover the driver's risk. The High Court's decision to set aside the Claims Tribunal's order was overturned, affirming the maintainability of the claim petition.

Bimlesh & Ors vs New India Assurance Co.Ltd · Niyam