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january 2011

Supreme Court of India · 2011-01-07

NEW INDIA ASSURANCE CO.LTD. vs YADU SAMBHAJI MORE .

Citation / case number
SC 2005/13263
Court
Supreme Court of India
Petitioner
NEW INDIA ASSURANCE CO.LTD.
Respondent
YADU SAMBHAJI MORE .
Author
AFTAB ALAM
Bench
AFTAB ALAM,R.M. LODHA, , ,

Judgment text excerpt

The Supreme Court addressed the appeal under Article 133 concerning a motor accident claim arising from a petrol tanker explosion, where the insurer contested liability under Section 92A of the Motor Vehicles Act, 1939. The Court held that the explosion was indeed an accident arising out of the use of the motor vehicle, thereby affirming the jurisdiction of the Claims Tribunal to entertain claims for no fault compensation. The Court reversed the High Court's dismissal of the claims, establishing that the insurer is liable for compensation under the relevant provisions of the Act.

NEW INDIA ASSURANCE CO.LTD. vs YADU SAMBHAJI MORE . · Niyam