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february 2013

Supreme Court of India · 2013-02-20

NATIONAL INSURANCE CO. LTD. vs REENA DEVI .

Citation / case number
SC 2005/11478
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO. LTD.
Respondent
REENA DEVI .
Author
DIPAK MISRA H.L. DATTU
Bench
DIPAK MISRA H.L. DATTU

Judgment text excerpt

The Supreme Court upheld the High Court's order directing National Insurance Co. Ltd. to pay compensation to the victims of a bus accident, rejecting the insurer's claim of non-liability due to alleged overloading of the vehicle. The Court emphasized that the Motor Accident Claims Tribunal had found no substantial evidence of overloading beyond the permitted capacity. The judgment reinforces the principle that insurance liability exists unless proven otherwise with credible evidence, thereby affirming the Tribunal's conclusions.

NATIONAL INSURANCE CO. LTD. vs REENA DEVI . · Niyam