Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2013

Supreme Court of India · 2013-08-14

JOSPHINE JAMES vs UNITED INDIA INSURANCE CO.LTD.

Citation / case number
SC 2012/13343
Court
Supreme Court of India
Petitioner
JOSPHINE JAMES
Respondent
UNITED INDIA INSURANCE CO.LTD.
Author
V. Gopala Gowda
Bench
V. GOPALA GOWDA G.S. SINGHVI

Judgment text excerpt

The Supreme Court held that the Insurance Company could not challenge the quantum of compensation awarded by the Motor Accidents Claims Tribunal (Tribunal) under Section 170(b) of the Motor Vehicles Act, 1988, as it failed to obtain permission from the Tribunal. The High Court's reduction of compensation from Rs. 9,00,000 to Rs. 6,75,000 was affirmed, with the Court emphasizing that the Insurance Company’s appeal was not maintainable without the insured filing an appeal. The Court upheld the principle that an appeal is a continuation of the original proceedings, thus reinforcing the procedural requirements under the MV Act.

JOSPHINE JAMES vs UNITED INDIA INSURANCE CO.LTD. · Niyam