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october 2013

Supreme Court of India · 2013-10-29

United India Ins.Co.Ltd vs Sunil Kumar & Anr

Court
Supreme Court of India
Petitioner
United India Ins.Co.Ltd
Respondent
Sunil Kumar & Anr
Author
K.S. Radhakrishnan
Bench
A.K. Sikri, K.S. Radhakrishnan

Judgment text excerpt

The Supreme Court referred the matter to a larger Bench due to conflicts between the judgments in United India Insurance Company Ltd. v. Shila Datta and National Insurance Co. Ltd. v. Nicolletta Rohtagi regarding the interpretation of Section 163-A of the Motor Vehicles Act, 1988. The Court noted that the High Court's dismissal of the Insurance Company's appeal was based on the principles from Nicolletta Rohtagi's case, which are now doubted. The Court emphasized that under Section 163-A, claimants are not required to prove wrongful act or neglect, aligning with the legislative intent as interpreted in previous cases.

United India Ins.Co.Ltd vs Sunil Kumar & Anr · Niyam