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august 2010

Supreme Court of India · 2010-08-03

BIMLESH vs NEW INDIA ASSURANCE CO.LTD.

Citation / case number
SC 2003/1167
Court
Supreme Court of India
Petitioner
BIMLESH
Respondent
NEW INDIA ASSURANCE CO.LTD.
Author
R.M. Lodha
Bench
AFTAB ALAM,R.M. LODHA, , ,

Judgment text excerpt

The Supreme Court held that a claim petition under Section 163-A of the Motor Vehicles Act, 1988 is maintainable only if the claimant is a third party. The Court affirmed the High Court's decision that the deceased, being the owner and driver of the vehicle, does not qualify as a third party under the Act. The Court emphasized that the insurance policy's terms and the nature of the claim determine the liability of the Insurance Company, thus upholding the High Court's ruling that the claim was not maintainable against the Insurance Company.

BIMLESH vs NEW INDIA ASSURANCE CO.LTD. · Niyam