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october 2011

Supreme Court of India · 2011-10-13

UNITED INDIA INSURANCE CO.LTD. vs SHILA DATTA .

Citation / case number
SC 2007/7679
Court
Supreme Court of India
Petitioner
UNITED INDIA INSURANCE CO.LTD.
Respondent
SHILA DATTA .
Author
R.V. RAVEENDRAN,H.L. DATTU,K.S. RADHAKRISHNAN
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 a motor accident claim on merits, particularly regarding quantum, beyond the grounds specified in Section 149(2) of the Motor Vehicles Act, 1988. The court also examined if an insurer has the right to appeal under Section 173 against the quantum of compensation awarded by the Motor Accident Claims Tribunal. The decision in National Insurance Co. Ltd. vs. Nicolletta Rohtagi was questioned, indicating the need for clarity on the insurer's rights in such claims.

UNITED INDIA INSURANCE CO.LTD. vs SHILA DATTA . · Niyam