Supreme Court of India · 2011-10-13
United India Insurance Co.Ltd vs Shila Datta & Ors
- Citation / case number
- AIR 2012 SUPREME COURT 86
- Court
- Supreme Court of India
- Petitioner
- United India Insurance Co.Ltd
- Respondent
- Shila Datta & Ors
- Author
- R.V.Raveendran
- Bench
- R.V. Raveendran, H.L. Dattu, K.S. Radhakrishnan
Judgment text excerpt
The Supreme Court referred the matter to a larger bench to consider whether an insurer can contest the quantum of compensation in motor accident claims beyond the grounds specified in Section 149(2) of the Motor Vehicles Act, 1988, and whether it can appeal under Section 173 against the Tribunal's award. The Court noted that the insurer, when made a party to the proceedings, can contest the claim on all grounds, and if aggrieved by the quantum, it should be allowed to appeal. The judgment emphasizes the need for clarity on the insurer's rights in relation to compensation claims under the Act.