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october 2011

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.

United India Insurance Co.Ltd vs Shila Datta & Ors · Niyam