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.